Common use of Maintenance of Hazard Insurance Clause in Contracts

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 10 contracts

Samples: Master Interim Servicing Agreement (Luminent 2006-4), Master Interim Servicing Agreement (HarborView 2006-10), Master Interim Servicing Agreement (HarborView 2007-6)

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Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under pursuant to the Xxxxxx Xxx Guide or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best's Key Rating Guide currently acceptable to Xxxxxx Mae and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 9 contracts

Samples: Servicing Agreement (SACO I Trust 2006-7), Servicing Agreement (SACO I Trust 2006-6), Servicing Agreement (SACO I Trust 2006-8)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-” or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 9 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2007-3f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Servicing Agreement (GSR Mortgage Loan Trust 2006-9f)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in maintained, subject to the event that the related Mortgagor fails to maintain) for each Mortgage Loan provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan and any Prior Lien, and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient premises securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage LoanLoan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary second mortgage servicing procedures, ) shall be deposited in the Custodial applicable Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 9 contracts

Samples: Sub Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Trust 1996-C)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing that are part of such Mortgage Loan Mortgaged Property and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedstandard mortgagee clause. The Servicer shall also maintain cause flood insurance to be maintained on each REO Property, fire and hazard insurance with extended coverage property acquired upon foreclosure or deed in an amount which is at least equal to the maximum insurable value lieu of the improvements which are a part foreclosure of such property, liability insurance andany Mortgage Loan, to the extent required and available under the Flood Disaster Protection Act of 1973standards described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, property thus acquired or amounts released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, ) shall be deposited in the Custodial Collection Account. Any cost incurred by the Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent and as otherwise permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies area is participating in the national flood insurance program, the Servicer shall cause flood insurance to be maintained with respect to such Mortgage Loan. Such flood insurance shall be endorsed with standard mortgagee clauses with loss payable in an amount equal to the Servicer and its successors and/or assigns and shall provide lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for at least thirty days prior written notice the related Mortgaged Property under the Flood Disaster Protection Act of any cancellation1973, reduction in as amended. In the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, event that the Servicer shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10, 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, the Servicer shall, in the event that there shall not accept have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10, and there shall have been a loss that would have been covered by such policy, deposit in the Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as servicer of the Mortgage Loans, the Servicer agrees to present, on behalf of itself, the Depositor and the Trustee for the benefit of the Certificateholders, claims under any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurerblanket policy.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Asst Back Certs Ser 2003-4he)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account a restricted escrow account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided for under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best's Key Rating Guide of B:III or better and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset-Backed Pass-Through Certificates, Series 2004-4), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails with an insurance company acceptable to maintainXxxxxx Mae or Xxxxxxx Mac) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-III or better in Best's Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a), Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a), Sale and Servicing Agreement (Structured Asset Securities Corp)

Maintenance of Hazard Insurance. (a) The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan serviced by it fire and hazard insurance with extended coverage as is customary in the area where the related Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable replacement value of the improvements securing such the Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance Unpaid Principal Balance of the Mortgage Loan, and Loan (b) so long as it equals at least 80% of the percentage insurable value of the improvements); provided that in any case such that the proceeds thereof amount shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area then identified in the Federal Register on a flood hazard boundary map or flood insurance rate map issued by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementsis then available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, if such insurance is available. Such flood insurance shall be in an amount representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Loan, and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on each REO Property, Property (x) fire and hazard insurance with extended coverage in an amount which that is at least equal to the maximum insurable value of the improvements which that are a part of such property, (y) liability insurance and, and (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to shall be deposited paid over or applied by the Servicer in the Escrow Account and applied to accordance with Applicable Requirements whether (i) for the restoration or repair of the Mortgaged Property or REO Property, or released subject to the related Mortgage, (ii) for release to the Mortgagor or (iii) for application in accordance with reduction of the Servicer’s normal servicing proceduresMortgage Loan, in which event such amounts shall be deposited in the Custodial Account, subject to withdrawal pursuant to as provided in Section 4.052.4. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount amount, or material change in coverage to the Servicercoverage. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his the Mortgagor's insurance carrier or agentagent upon any policy renewal; provided, however, that upon any such policy renewal, the Servicer shall not accept any such insurance policies only from insurance companies unless such companies are Qualified Insurers that (x) have a rating of B:III or better in Best's Key Rating Guide or a financial performance index rating of 6 or better in Best's Insurance Reports, and (y) are licensed to do business in the state wherein jurisdiction in which the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 6 contracts

Samples: Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (Banc of America Funding 2006-6 Trust), Servicing Agreement (Banc of America Funding 2006-5 Trust)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding unpaid principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map issued by the Federal Emergency Management Agency or is identified in the Federal Register as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrierQualified Insurer, in an amount representing coverage not less than the least of (i) the outstanding unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing proceduresAccepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05Subsection 11.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a General Policy Rating of B:VI or better in Best’s Key Rating Guide and are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified InsurerInsurers.

Appears in 6 contracts

Samples: Reconstituted Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-5), Mortgage Loan Purchase and Servicing Agreement (Sequoia Residential Funding Inc), Mortgage Loan Purchase and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-2)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and or (iib) the greater of (ai) the outstanding unpaid principal balance of the Mortgage Loan, and (bii) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the outstanding unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan and Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on each REO Property, (1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the maximum insurable value of the improvements which that are a part of such property, ; (2) liability insurance and, insurance; and (3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the Servicer’s Countrywide's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood The Purchaser understands and agreed agrees that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state Loan shall be maintained by Countrywide or federal laws and regulations as shall at any time be in force and as shall require such additional insuranceMortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Countrywide and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his the insurance carrier or agent; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies are Qualified Insurers acceptable to an Agency and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2007-Aa5), Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied which is at least equal to the restoration or repair lesser of (a) the maximum insurable value of the Mortgaged Property or REO Property, or released to improvements which are a part of such property and (b) the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect outstanding principal balance of the related Mortgage Loans, other than as provided under applicable state or federal laws Loan at the time it became an REO Property plus accrued interest at the Note Rate and regulations as shall at any time be in force and as shall require such additional insurancerelated Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon request to the Purchaser, and shall provide for at least thirty 30 days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with Notwithstanding the foregoing, the Servicer may accept a Qualified Insurer.policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a

Appears in 5 contracts

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Mortgage Loan Flow Purchase (Merrill Lynch Mort Inv Inc Mo Pass THR Ce Se MLCC 2003f), Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 5 contracts

Samples: Servicing Agreement, Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Servicing Agreement (Sequoia Mortgage Trust 2007-3)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated standard mortgagee clause. The Master Servicer shall also cause flood insurance requirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements on property acquired upon foreclosure or deed in lieu of the current guidelines foreclosure of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the any Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, 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 Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction area is participating in the amount or material change in coverage to national flood insurance program, the Servicer. The Master Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his cause flood insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with respect to such Mortgage Loan. Such flood insurance shall be in an amount equal to the lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended. In the event that the Master Servicer shall obtain and maintain a Qualified Insurerblanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10, 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, 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 3.10, and there shall have been a loss that would have been covered by such policy, deposit in the Certificate Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Depositor and the Trustee for the benefit of the Certificateholders, claims under any such blanket policy.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Cwabs Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each First Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater Unpaid Principal Balance of (a) the outstanding principal balance of Mortgage Loan and any mortgage loan senior to the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Unpaid Principal Balance of the Mortgage Loan and any mortgage loan senior to the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Owner, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best’s Key Rating Guide or are Qualified Insurers otherwise acceptable to Xxxxxx Xxx or Xxxxxxx Mac and are licensed to do business in the state wherein the property subject to the policy Mortgaged Property is located. All If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner’s association, including hazard, flood, liability, fidelity coverage and coverage for common areas, is being maintained in accordance with Acceptable Servicing Practices, and secure from the owner’s association its agreement to notify the Servicer promptly of any change in the insurance policies maintained pursuant to this Section 4.10 shall be maintained with coverage or of any condemnation or casualty loss that may have a Qualified Insurermaterial effect on the value of the Mortgaged Property as security.

Appears in 5 contracts

Samples: Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails with an insurance company acceptable to maintainXxxxxx Mae or Xxxxxxx Mac) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-III or better in Best’s Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 5 contracts

Samples: Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-2f), Second Amended And (GSR Mortgage Loan Trust 2007-4f), Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located by an insurer acceptable to Fxxxxx Mxx or Fxxxxxx Mac and FHA or VA, as applicable, in an amount which that is at least equal to the lesser of (ia) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are acceptable to Fxxxxx Mae or Fxxxxxx Mac and FHA or VA, as provided applicable, and are licensed to do business in the state wherein the property subject to the policy is located. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing proceduresCustomary Servicing Procedures, shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such hazard insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business for each Mortgage Loan secured by a unit in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 a condominium development or planned unit development shall be maintained with respect to such Mortgage Loan and the related development in a Qualified Insurermanner which is consistent with Fxxxxx Mae or Fxxxxxx Mac requirements and FHA or VA requirements, as applicable.

Appears in 5 contracts

Samples: Servicing Agreement (Sequoia Mortgage Trust 2013-1), Servicing Agreement (Sequoia Mortgage Trust 2012-3), Servicing Agreement (Sequoia Mortgage Trust 2012-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that customary servicing procedures concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal located. If at origination of a Business Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available), the Servicer will cause require the related Obligor to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and in accordance with the Servicer's policies, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal servicing procedures, applicable law) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.054.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (First International Bancorp Inc), Sale and Servicing Agreement (First International Bancorp Inc), Sale and Servicing Agreement (First International Bancorp Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (Asset Backed Funding Corp 2002 Wf1 Trust)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding unpaid principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer Seller will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s Seller's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.0511.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer Seller or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Seller and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 4 contracts

Samples: Reconstituted Servicing Agreement (HarborView 2007-1), Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-12), Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-11)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, howeverPROVIDED, HOWEVER, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (Solomon Mortgage Ln Tr Ser 2002-Cb3 C-Bass MRT Ln as BCK Cer), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Cb3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in maintained, subject to the event that the related Mortgagor fails to maintain) for each Mortgage Loan provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan (and any prior lien if the related Mortgage Loan is in a junior lien position), and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient Mortgaged Property securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a special flood hazard area that has federally-mandated Flood Zone "A", and such flood insurance requirementshas been made available, the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each REO Property, to the extent reasonably available, on REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary second mortgage servicing procedures, ) shall be deposited in the Custodial Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 5.07, including, without limitation, any advances of premiums on insurance policies required by this Section 5.07, shall be maintained with a Qualified Insurerconstitute Servicing Advances.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 4 contracts

Samples: Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5), Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1), Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that SBA Rules and Regulations concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is equal SBA Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and required by the SBA Rules and Regulations and the Servicer's policies, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First International Bancorp Inc), Pooling and Servicing Agreement (First International Bancorp Inc), Spread Account Agreement (Money Store of New York Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area hazards, and that has federally-mandated flood insurance requirements, requirements (and such flood insurance has been made available) the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier accept or agent; provided, however, that the Servicer shall not accept obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are licensed to do business company that does not at that time maintain a General Policy Rating of B-III or better in the state wherein the property subject to the policy is locatedBest’s Key Rating Guide. All insurance policies maintained pursuant to Servicing Advances made under this Section 4.10 shall be maintained with a Qualified Insurereligible for reimbursement pursuant to Section 4.10 hereof.

Appears in 4 contracts

Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-3), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-1), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA/VA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc C-Bass 2004-Cb6 Trust), Pooling and Servicing Agreement (C-Bass 2004-Cb8 Trust), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates Series 2005-Cb1)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan Loan, fire and hazard insurance by a Qualified Insurer with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and or (iib) the greater of (ai) the outstanding unpaid principal balance of the Mortgage Loan, and (bii) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the outstanding unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan and Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on each REO Property, (1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the maximum insurable value of the improvements which that are a part of such property, ; (2) liability insurance and, insurance; and (3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the ServicerCountrywide’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood The Purchaser understands and agreed agrees that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state Loan shall be maintained by Countrywide or federal laws and regulations as shall at any time be in force and as shall require such additional insuranceMortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Countrywide and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor’s freedom of choice in selecting either his the insurance carrier or agent; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies are Qualified Insurers acceptable to an Agency and are licensed to do business in the state wherein the property subject to the policy is located. All The hazard insurance policies maintained pursuant to this Section 4.10 for each Mortgage Loan secured by a unit in a condominium development or planned unit development shall be maintained with respect to such Mortgage Loan and the related development in a Qualified Insurermanner which is consistent with Xxxxxx Xxx or Xxxxxxx Mac requirements.

Appears in 4 contracts

Samples: Purchase and Servicing Agreement, Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1), Master Mortgage Loan Purchase (J.P. Morgan Mortgage Trust 2006-A1)

Maintenance of Hazard Insurance. The With respect to each Mortgage Loan, the Servicer shall cause to be maintained (in maintained, subject to the event that the related Mortgagor fails to maintain) for each Mortgage Loan provisions of Section 4.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the related Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan and any Prior Lien, and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient premises securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage LoanLoan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal customary servicing procedures, ) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.054.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Maintenance of Hazard Insurance. The Servicer Countrywide Servicing shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding unpaid principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer Countrywide Servicing will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Countrywide Servicing shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Countrywide Servicing under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the ServicerCountrywide Servicing’s normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer Countrywide Servicing or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Countrywide Servicing and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerCountrywide Servicing. The Servicer Countrywide Servicing shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer Countrywide Servicing shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:VI or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that SBA Rules and Regulations concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is equal SBA Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and in accordance with the SBA Rules and Regulations and the Servicer's policies, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Money Store of New York Inc), Pooling and Servicing Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I), Pooling and Servicing Agreement (Money Store of New York Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each First Lien Mortgage Loan fire and Loan, hazard insurance (with extended coverage as is customary in the area where the Mortgaged Property is located located) such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under the Xxxxxx Xxx Guides against loss by fire, hazards of extended coverage and such other hazards as are required to be insured pursuant to the Xxxxxx Mae Guides, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and Loan or (b) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the mortgagee loss payee from becoming a co-insurerinsurer (or, in the case of REO Property, the fair market value of such REO Property). If the Mortgaged Property is in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968 or Flood Disaster Prevention Act of 1973, as being a special flood hazard area that has federally-mandated flood insurance requirementsamended, the Servicer will cause each Mortgage Loan is, and shall continue to be maintained be, covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, carrier acceptable under the Xxxxxx Xxx Guides in an amount representing coverage not less than the least of (i) the outstanding aggregate unpaid principal balance of the Mortgage LoanLoan (or, in the case of REO Property, the fair market value of such REO Property), (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended. The Servicer shall also maintain on each REO Propertyamended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), fire and hazard insurance with extended coverage in an amount which is at least equal to or (iii) the maximum insurable full replacement value of the improvements which are a part of such property, liability Mortgaged Property. If a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance and, to or is covered in an amount less than the extent amount required and available under by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, the Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance in an amount as provided above. Any amounts collected by coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty-five (45) days after such notification, the Servicer under shall immediately force place the required flood insurance on the Mortgagor’s behalf. Notwithstanding the foregoing, Servicer shall have no liability to Owner or any third party for any penalties or fines imposed based on Servicer’s failure to timely notify the Director of FEMA and the flood insurance provider related to a servicing transfer if Servicer is not provided with flood insurance information; provided that, the Servicer shall have promptly provided Owner with notice of such policies other than missing flood insurance information. Notwithstanding the foregoing, the Servicer shall maintain a blanket insurance policy in sufficient amounts to be deposited cover any uninsured loss due to any gap in Mortgagor provided coverage. If a First Lien Mortgage Loan is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the homeowners’ association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Mae requirements, and secure from the homeowners’ association its agreement to notify the Servicer promptly of any change in the Escrow Account and applied to insurance coverage or of any condemnation or casualty loss that may have a material effect on the restoration or repair value of the Mortgaged Property as security. The Servicer shall cause to be maintained on each Mortgaged Property such other or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall additional insurance as may be deposited in the Custodial Account, subject to withdrawal required pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that the Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall in accordance with the Xxxxxx Xxx Guides make commercially reasonable efforts to communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to name the Servicer and its successors and/or and assigns as a mortgagee and loss payee and shall be endorsed with non contributory standard or New York mortgagee clauses which shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicercoverage. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a General Policy Rating of A:VI or better under Best’s Key Rating Guides, are Qualified Insurers acceptable under the Xxxxxx Mae Guides and are licensed to do business in the state wherein jurisdiction in which the property subject to the policy Mortgaged Property is located. All The Servicer shall determine that such policies provide sufficient risk coverage and amounts as required pursuant to the Xxxxxx Xxx Guides, that they insure the property owner, and that they properly describe the property address. The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Servicer, the Servicer shall ensure that replacement insurance policies maintained are in place in the required coverages and the Servicer shall be solely liable for any losses in the event coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Servicer’s normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to this Section 4.10 shall be maintained with a Qualified Insurer2.05.

Appears in 3 contracts

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Mortgage Investment Trust)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer Seller will cause to be maintained 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 representing coverage not less than the least greater of (i) the lesser of (a) the outstanding principal balance of the Mortgage LoanLoan (plus any additional amount required to prevent the Mortgagor from being deemed a co-insurer) or (b) the amount necessary to fully compensate for any damage or loss to the improvements which are part of such property on a replacement cost basis, or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller also shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and related Servicing Advances, liability insurance and, and flood insurance in an amount which is at least equal to the extent greater of (i) the lesser of (a) the outstanding principal balance of the Mortgage Loan (plus any additional amount required and to prevent the Mortgagor from being deemed a co-insurer) or (b) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, or (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. Pursuant to Subsection 11.04, flood insurance in an amount as provided above. Any any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the ServicerSeller’s normal servicing procedures, shall be deposited in the related Custodial Account, subject to withdrawal pursuant to Section 4.05Subsection 11.05. Any cost incurred by the Seller in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or Seller of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Seller, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of A:VI or better in Best’s Key Rating Guide or an insurance company with comparable credit worthiness and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 3 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd3), Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and or (ii) the greater of (ay) the outstanding principal balance of the Mortgage Loan, Loan and (bz) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the Mortgagor and/or or the mortgagee loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the related Mortgaged Property is was located in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on each REO Propertyhave received a certificate of insurance evidencing a master policy held by the owner's association and naming the Master Servicer as loss payee. All policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgage clauses, fire and hazard insurance with extended coverage in an amount which is shall provide for at least equal 30 days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Master Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Master Servicer shall not accept any such insurance policies from insurance companies unless such companies satisfy the requirements of FNMA or FHLMC and are licensed to do business in the maximum insurable value of jurisdiction in which the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveMortgaged Property is located. Any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and to be applied to the restoration or repair of the related Mortgaged Property Property) (or, in the case of a Cooperative Loan, the related Cooperative Unit) or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or amounts released to the Mortgagor in accordance with the Master Servicer’s 's normal servicing procedures, ) shall be deposited in the Custodial Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mor Pas THR Cer Ser 01 Tbc1), Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Ser 2000 TBC 3), Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 1999-Tbc1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor Borrower and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became an REO Property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 11.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor Borrower in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.0511.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the MortgagorBorrower’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of A:VI or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 3 contracts

Samples: Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2006-2), Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1)

Maintenance of Hazard Insurance. The Interim Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-co insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Interim Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended. The Interim Servicer also shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and related Servicing Advances, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Subsection 11.04, any amounts collected by the Interim Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Interim Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05Subsection 11.05. Any cost incurred by the Interim Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Interim Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Interim Servicer, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Interim Servicer. The Interim Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Interim Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect the General Policy Rating required by Xxxxxx Xxx and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Interim Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2), Mortgage Loan Purchase and Interim Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in maintained, subject to the event that the related Mortgagor fails to maintain) for each Mortgage Loan provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan and any Prior Lien, and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient premises securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage LoanLoan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary second mortgage servicing procedures, ) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Residential Asset Funding Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related each Mortgagor fails to maintain) for each Mortgage Loan , and if the Mortgagor does not so maintain, shall itself maintain, subject to the provisions of SECTION 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan (and any prior lien if the related Mortgage Loan is in a junior lien position), and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient Mortgaged Property securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated Flood Zone "A", and such flood insurance requirementshas been made available, the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each REO Property, to the extent reasonably available, on REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary second mortgage servicing procedures, ) shall be deposited in the Custodial Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 4.05SECTION 5.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 SECTION 5.07, including, without limitation, any advances of premiums on insurance policies required by this SECTION 5.07, shall be maintained with a Qualified Insurerconstitute Servicing Advances.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-3), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (Asset Backed Funding Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that SBA Rules and Regulations concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is equal SBA Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and required by the SBA Rules and Regulations and the Credit and Collection Policy, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value amounts described above and liability insurance. The Unguaranteed Percentage of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.054.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (BLC Financial Services Inc), Sale and Servicing Agreement (First International Bancorp Inc)

Maintenance of Hazard Insurance. The Servicer shall, or shall cause the Subservicer to, cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (ab) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain maintain, or cause the Subservicer to maintain, on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer or the Subservicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s or the Subservicer’s normal servicing procedures, or shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Subservicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under except to the extent that applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer or the Subservicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerServicer or the Subservicer. The Servicer shall not, and shall cause the Subservicer not to, interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that neither the Servicer nor the Subservicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business currently reflect a General Policy Rating of “B” or better by A.M. Best Company in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified InsurerBest’s Key Rating Guide.

Appears in 2 contracts

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Corp), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in maintained, subject to the event that the related Mortgagor fails to maintain) for each Mortgage Loan provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanHome Improvement Loan and any Prior Lien, and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient premises securing the Home Improvement Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage LoanHome Improvement Loan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary second mortgage servicing procedures, ) shall be deposited in the Custodial applicable Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each First Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater Unpaid Principal Balance of (a) the outstanding principal balance of Mortgage Loan and any mortgage loan senior to the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Unpaid Principal Balance of the Mortgage Loan and any mortgage loan senior to the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Owner, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.055.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy Mortgaged Property is located. All If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with Acceptable Servicing Practices, and secure from the owner’s association its agreement to notify the Servicer promptly of any change in the insurance policies maintained pursuant to this Section 4.10 shall be maintained with coverage or of any condemnation or casualty loss that may have a Qualified Insurermaterial effect on the value of the Mortgaged Property as security.

Appears in 2 contracts

Samples: Interim Servicing and Servicing Rights Purchase Agreement (First NLC Financial Services Inc), Interim Servicing and Servicing Rights Purchase Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum 100% of insurable value on a replacement cost basis of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than equal to the least lesser of (i) the outstanding principal minimum amount required under the terms of coverage to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the Mortgage Loan, mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing proceduresAccepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under pursuant to the Xxxxxx Xxx Guide or the Xxxxxxx Mac Guide or such applicable state State or federal Federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best’s Key Rating Guide currently acceptable to Xxxxxx Xxx or Xxxxxxx Mac and are licensed to do business in the state State wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Servicing Agreement (MASTR Alternative Loan Trust 2006-3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that SBA Rules and Regulations concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is equal SBA Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available and required by the SBA Rules and Regulations, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 2 contracts

Samples: Spread Account Agreement (BLC Financial Services Inc), Spread Account Agreement (BLC Financial Services Inc)

Maintenance of Hazard Insurance. The Servicer shall, or shall cause the Subservicer to, cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain maintain, or cause the Subservicer to maintain, on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer or the Subservicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s or the Subservicer’s normal servicing procedures, or shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Subservicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under except to the extent that applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer or the Subservicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerServicer or the Subservicer. The Servicer shall not, and shall cause the Subservicer not to, interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that neither the Servicer nor the Subservicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business currently reflect a General Policy Rating of “B” or better by A.M. Best Company in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified InsurerBest’s Key Rating Guide.

Appears in 2 contracts

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-VI or better in Best’s Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Reconstituted Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1), Reconstituted Servicing Agreement (Luminent 2006-4)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan a standard mortgagee clause and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements securing such Mortgage Loan from time to time or the principal balance owing on such Mortgage Loan from time to time (and, in the case of a Second Mortgage Loan, on the related first mortgage loan), whichever is less. The Company 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 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, liability insurance and, to property or (ii) the unpaid principal balance of such Mortgage Loan at the time of such foreclosure or deed in lieu of foreclosure. To the extent required and available under the Flood Disaster Protection Act of 1973provided in Section 3.02(b)(iv), as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Company under any such policies other than amounts to in respect of the Mortgage Loans shall be deposited in the Escrow Account and applied credited to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, Mortgage Loan Payment Record. Such costs shall be deposited in recoverable by the Custodial Account, subject to withdrawal Company pursuant to Section 4.053.04. It In cases in which property securing any Mortgage Loan is understood and agreed located in a federally designated flood area, the hazard insurance to be maintained for such Mortgage Loan shall include flood insurance. All such flood insurance shall be in such amounts as are required under applicable guidelines of FNMA. The Company shall be under no obligation to require that no any Mortgagor maintain earthquake or other additional insurance need and shall be required by the Servicer or the Mortgagor or maintained under no obligation itself to maintain any such additional insurance on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.06, it being understood and agreed that such policies policy may contain a deductible clause, in which case the Company shall, in the event that there shall be endorsed not have been maintained on the related Mortgaged Property a policy complying with standard mortgagee clauses with the first sentence of this Section 3.06, and there shall have been a loss payable which would have been covered by such policy, credit to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in Mortgage Loan Payment Record the amount or material change in coverage to not otherwise payable under the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom blanket policy because of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurerdeductible clause.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ABFC C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb5), Pooling and Servicing Agreement (Bond Securitization LLC)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related each Mortgagor fails to maintain) for each Mortgage Loan , and if the Mortgagor does not so maintain, shall itself maintain, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan (and any prior lien if the related Mortgage Loan is in a junior lien position), and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient Mortgaged Property securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated Flood Zone "A", and such flood insurance requirementshas been made available, the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each REO Property, to the extent reasonably available, on REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary second mortgage servicing procedures, ) shall be deposited in the Custodial Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 5.07, including, without limitation, any advances of premiums on insurance policies required by this Section 5.07, shall be maintained with a Qualified Insurerconstitute Servicing Advances.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1998-3), Pooling and Servicing Agreement (Eqcc Receivables Corp)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated standard mortgagee clause. The Master Servicer shall also cause flood insurance requirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements on property acquired upon foreclosure or deed in lieu of the current guidelines foreclosure of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the any Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, 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. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Noteholders or remittances to the Indenture Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction area is participating in the amount or material change in coverage to national flood insurance program, the Servicer. The Master Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his cause flood insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurerrespect to such Mortgage Loan. Such flood insurance shall be in an amount equal to the lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (GSC Capital Corp. Mortgage Trust 2006-2), Sale and Servicing Agreement (Cwabs Trust 2005-Hyb9)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp), Pooling and Servicing Agreement (Residential Asset Funding Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that customary servicing procedures concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal located. If at origination of a Business Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) if it maintains flood insurance, the Servicer will cause require the related Obligor to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and in accordance with the Servicer's policies, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer’s normal servicing procedures, applicable law) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc), Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated standard mortgagee clause. The Master Servicer shall also cause flood insurance requirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements on property acquired upon foreclosure or deed in lieu of the current guidelines foreclosure of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the any Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, 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 Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction area is participating in the amount or material change in coverage to national flood insurance program, the Servicer. The Master Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his cause flood insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurerrespect to such Mortgage Loan. Such flood insurance shall be in an amount equal to the lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc. Asset-Backed Certificates Trust 2005-Im2), Pooling and Servicing Agreement (Cwabs Asset-Backed Certificates Trust 2005-Im3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Nc1), Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Sb1)

Maintenance of Hazard Insurance. The Servicer Countrywide Servicing shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding unpaid principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer Countrywide Servicing will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Countrywide Servicing shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Countrywide Servicing under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s Countrywide Servicing's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer Countrywide Servicing or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Countrywide Servicing and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerCountrywide Servicing. The Servicer Countrywide Servicing shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer Countrywide Servicing shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-A)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located by an insurer acceptable to the Agency, in an amount which is at least equal to the lesser of (ia) the maximum full insurable value of the improvements securing such Mortgaged Property or (b) the greater of (i) the outstanding principal balance owing on the Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage an amount such that the proceeds thereof of such insurance shall be sufficient to prevent avoid the application to Mortgagor and/or or loss payee of any coinsurance clause under the mortgagee from becoming a co-insurerpolicy. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated (and such flood insurance requirementshas been made available), the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration with a generally acceptable insurance carrierProgram, in an amount representing coverage not less than the least of (iA) the minimum amount required under the terms of the coverage to compensate for any damage or loss to the Mortgaged Property on a replacement-cost basis (or the outstanding principal balance of the Mortgage Loan, Loan if replacement-cost coverage is not available) or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiB) the maximum amount of insurance which is available under the National Flood Disaster Protection Act of 1973, as amendedInsurance Program. The Servicer Seller shall also maintain on each REO Property, Property fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Disaster Protection Act of 1973, as amendedInsurance Program, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property property subject to the related Mortgage or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor in accordance with Customary Servicing Procedures and the Servicer’s normal servicing procedures, Mortgage Loan Documents) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.0511.06. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Seller of any Mortgagor or maintained on property acquired in respect of the Mortgage Loans, REO Property other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Seller, and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in comply with the state wherein standards set by the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified InsurerAgency.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration Program with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and or (iiib ) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b ) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to . the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of ill or better in Best's Key Rating Guide, or (2) a general policyholder's rating of " A "or " A-" or better in Best's Key Rating Guide, and (b ) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement {FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal Service nom1al servicing procedures, shall be deposited in the Custodial AccountCollection Account within one Business Day after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Cendant Mortgage Corp Mort Pass Through Cert Series 2001-6)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied which is at least equal to the restoration or repair lesser of (a) the maximum insurable value of the Mortgaged Property or REO Property, or released to improvements which are a part of such property and (b) the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect outstanding principal balance of the related Mortgage Loans, other than as provided under applicable state or federal laws Loan at the time it became an REO Property plus accrued interest at the Note Rate and regulations as shall at any time be in force and as shall require such additional insurancerelated Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon request to the Purchaser, and shall provide for at least thirty 30 days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.state

Appears in 1 contract

Samples: Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Noteholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the 114 maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated standard mortgagee clause. The Master Servicer shall also cause flood insurance requirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements on property acquired upon foreclosure or deed in lieu of the current guidelines foreclosure of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the any Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, 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 Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds or Subsequent Recoveries to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction area is participating in the amount or material change in coverage to national flood insurance program, the Servicer. The Master Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his cause flood insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with respect to such Mortgage Loan. Such flood insurance shall be in an amount equal to the lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended. If the hazard policy contains a Qualified Insurerdeductible clause, the Master Servicer will be required to deposit from its own funds into the Certificate Account the amounts that would have been deposited therein but for the deductible clause.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-13)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related each Mortgagor fails to maintain) for each Mortgage Loan , and if the Mortgagor does not so maintain, shall itself maintain, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater least of (a) the outstanding principal balance of owing on the Mortgage LoanLoan (and any prior lien if the related Mortgage Loan is in a junior lien position), and (b) the percentage such that full insurable value of the proceeds thereof shall be sufficient Mortgaged Property securing the Mortgage Loan and (c) the minimum amount required to prevent the Mortgagor and/or the mortgagee from becoming compensate for damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated Flood Zone "A," and such flood insurance requirementshas been made available, the Servicer will cause to be maintained purchased 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, and (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each REO Property, to the extent reasonably available, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyamounts described above, liability insurance and, to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted mortgage servicing practices of prudent lending institutions servicing mortgage loans similar to the Mortgage Loans, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer’s normal customary mortgage servicing procedures, ) shall be deposited in the Custodial Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 4.055.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoansREO Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in or the state wherein the property subject to the policy is located. All insurance policies maintained Advancing Party pursuant to this Section 4.10 5.07, including, without limitation, any advances of premiums on insurance policies required by this Section 5.07, shall be maintained with a Qualified Insurerconstitute Servicing Advances.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Maintenance of Hazard Insurance. (a) The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, with a Qualified Insurer for each Mortgage Loan serviced by it, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac, in an amount which is at least equal to the lesser of (ia) the maximum full insurable value of the improvements securing such Mortgaged Property or (b) the greater of (i) the outstanding principal balance owing on the Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage an amount such that the proceeds thereof of such insurance shall be sufficient to prevent avoid the application to the Mortgagor and/or or loss payee of any coinsurance clause under the mortgagee from becoming a co-insurerpolicy. If the Mortgaged Property is in an area then identified in the Federal Register on a flood hazard boundary map or flood insurance rate map issued by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementsis available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac. Such flood insurance shall be in an amount representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on each REO Property, Property with an insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac (x) fire and hazard insurance with extended coverage in an amount which that is at least equal to the maximum insurable value of the improvements which securing the Mortgage Loan that are a part of such property, (y) liability insurance and, and (z) to the extent required and available under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, each as amended, or other applicable federal law, flood insurance in an amount as provided above. Any costs incurred by the Servicer maintaining insurance under this Section 3.10 shall be recoverable as Servicing Advances. Any amounts collected by the Servicer under any such policies other than amounts to shall be deposited paid over or applied by the Servicer in the Escrow Account and applied to accordance with Acceptable Servicing Procedures for the restoration or repair of the Mortgaged Property or REO Propertysubject to the related Mortgage, or released for release to the Mortgagor in accordance with Acceptable Servicing Procedures, or for application in reduction of the Servicer’s normal servicing procedures, Mortgage Loan. Any such amounts shall be deposited in the Custodial Account, Account and subject to withdrawal pursuant to Section 4.053.5. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer hereunder in connection with any Mortgage Loan or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansMortgaged Property, other than as provided under pursuant to applicable state or federal laws and regulations as shall that are at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount amount, or material change in coverage to the Servicercoverage. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agentagent upon any policy renewal; provided, however, that upon any such policy renewal, the Servicer shall not accept any such insurance policies from insurance companies policies, unless such companies the insurers are Qualified Insurers acceptable to Xxxxxx Mae or Xxxxxxx Mac and are licensed to do business in the state wherein jurisdiction in which the property subject to the policy Mortgaged Property is located. All In the event a hazard insurance policies maintained pursuant to this Section 4.10 policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Xxxxxx Mae and Xxxxxxx Mac, the Servicer shall notify the Owner and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another Qualified Insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current requirements of Xxxxxx Mae, Xxxxxxx Mac, and secure from the owner’s association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a Qualified Insurermaterial effect on the value of the Mortgaged Property as security. Notwithstanding anything set forth in the preceding paragraphs, the Servicer agrees to indemnify the Owner for any Losses and related costs, judgments, and any other costs, fees and expenses that the Owner may sustain in any way related to the failure of the Mortgagor (or the Servicer) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Servicing Agreement (GSR 2006-4f)

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Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Mortgage the Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor Borrower and/or the mortgagee Issuer from becoming a co-co- insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on each REO any Foreclosure Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became a Foreclosure Property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 5.01, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Foreclosure Property, or released to the Mortgagor Borrower in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.055.01. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Issuer or the Noteholders, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon the direction of the Initial Noteholder to the Indenture Trustee, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the MortgagorBorrower’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:III or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-” or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Xxxxx’x of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing and Trust Agreement (GSAA Home Equity Trust 2007-9)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage LoanLoan (including any cumulative related Negative Amortization), and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate issued by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding unpaid principal balance of the Mortgage LoanLoan (including any related Negative Amortization), (ii) the maximum insurable replacement value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Servicing Account, subject to withdrawal pursuant to Section 4.0511.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers acceptable to the Purchaser and, in connection with the Securitization Transaction, the Guarantor, and are in each case is licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (Harborview Mortgage Loan Trust 2006-Cb1)

Maintenance of Hazard Insurance. The In the case of each Material Mortgage Loan, the Servicer shall cause to be maintained (in comply with the event that Credit and Collection Policy concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal located. If at origination of a Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) consistent with the Credit and Collection Policy, the Servicer will cause require the related Obligor or other creditors to be maintained purchase a flood insurance policy meeting the requirements covering each piece of the current guidelines of the Federal Insurance Administration property that is material with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property that is material, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and required by the Credit and Collection Policy, on each REO PropertyForeclosed Property constituting real property that is material, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor or other creditors in accordance with Requirements of Law or the Servicer’s normal servicing procedures, governing documents) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.05subsection ---------- 7.03(h). It is understood and agreed that no earthquake or other additional ------- insurance need be required by the Servicer of any Obligor or the Mortgagor other creditors or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under applicable state or federal laws pursuant to such Requirements of Law and regulations as shall at any time be in force and as shall require such additional insurance. All policies required hereunder (unless the Seller is a non-agent co-lender with respect to such policies Loan) shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor Borrower and/or the mortgagee Mortgagee from becoming a co-co insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer Seller will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller also shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became an REO Property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 11.04, any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor Borrower in accordance with the Servicer’s Seller's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.0511.05. Any cost incurred by the Seller in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or Seller of the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Seller, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor’s Borrower's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of A:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration Program with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing proceduresAcceptable Servicing Procedures, shall be deposited in the Custodial AccountCollection Account within one Business Day after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Recognition Agreement (Bear Stearns ALT-A Trust 2006-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area hazards, and that has federally-mandated flood insurance requirements, requirements (and such flood insurance has been made available) the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines guide-lines of the Federal Insurance Administration with a generally gener-ally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding out-standing principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal with-drawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under applicable state or federal pursuant to such appli-cable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier accept or agent; provided, however, that the Servicer shall not accept obtain any such insurance policies insur-ance policy from insurance companies unless such companies are Qualified Insurers and are licensed to do business an insur-ance company that does not at that time maintain a General Policy Rating of B-III or better in the state wherein the property subject to the policy is locatedBest’s Key Rating Guide. All insurance policies maintained pursuant to Servicing Advances made under this Section 4.10 shall be maintained with a Qualified Insurereligible for reimbursement pursuant to Section 4.10 hereof.

Appears in 1 contract

Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied which is at least equal to the restoration or repair lesser of (a) the maximum insurable value of the Mortgaged Property or REO Property, or released to improvements which are a part of such property and (b) the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect outstanding principal balance of the related Mortgage Loans, other than as provided under applicable state or federal laws Loan at the time it became an REO Property plus accrued interest at the Note Rate and regulations as shall at any time be in force and as shall require such additional insurancerelated Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon request to the Owner, and shall provide for at least thirty days 30 days' prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.related Mortgaged

Appears in 1 contract

Samples: Mortgage Loan Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A9)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account a restricted escrow account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided for under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; providedPROVIDED, howeverHOWEVER, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best's Key Rating Guide of B:III or better and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration Program with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial AccountCollection Account within one Business Day after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails with an insurance company acceptable to maintainFannie Mae or Freddie Mac) for each Mortgage Loan Loan, fire and hazard insurance with extended xxxxxance witx xxxxxded coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-III or better in Best's Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan secured by a first lien, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which amount, to the extent permitted by applicable law, that is at least equal to the lesser of (i) the maximum insurable estimated replacement value of the improvements securing that are part of such Mortgage Loan Mortgaged Property (which may be the last known coverage) and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated standard mortgagee clause. The Company shall also cause flood insurance requirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements on property acquired upon foreclosure or deed in lieu of the current guidelines foreclosure of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the any Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 13.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Servicer Company under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, property thus acquired or amounts released to the Mortgagor in accordance with the Servicer’s Company's normal servicing procedures, ) shall be deposited in the Custodial applicable Protected Account. Any cost incurred by the Company in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Master Servicer for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Company as a Servicing Advance to the extent provided in Section 4.0513.08(a)(vii) hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property with respect to a Mortgage Loan secured by a first lien is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction area is participating in the amount or material change in coverage national flood insurance program, the Company shall cause flood insurance to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with respect to such Mortgage Loan. Such flood insurance shall be in an amount equal to the lesser of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the estimated replacement value of the improvements that are part of such Mortgaged Property (which may be the last known coverage), or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended. In the event that the Company shall obtain and maintain a Qualified Insurerblanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 13.10, 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, the Company 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 13.10, and there shall have been a loss that would have been covered by such policy, deposit in the applicable Protected Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Depositor and the Master Servicer for the benefit of the Certificateholders, claims under any such blanket policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-insurer. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, in compliance with this Agreement shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under pursuant to the Fannie Mae Guide or such applicable state or federal laws and regulations as shall regulatixxx xx xxxll at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to do business in the state wherein the property prxxxxxx subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (Prime Mortgage Trust 2005-5)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of the such Mortgage Loan, and Loan or (b2) the percentage an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee loss payee from becoming a co-co insurer; provided, however that the Servicer shall not require fire and hazard insurance in an amount in excess of that permitted by applicable law. If the any Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, then the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on each REO PropertyProperty fire, fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such propertyliability insurance, liability insurance and, and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A “ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial AccountCollection Account within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 4.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Maintenance of Hazard Insurance. Property Protection ---------------------------------------------------- Expenses. The Servicer Servicer, in accordance with its customary servicing procedures, -------- shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Secured Loan fire and hazard insurance with naming the Servicer as loss payee thereunder providing extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and from time to time or (ii) the greater of (a) the outstanding principal balance of the Mortgage such Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain maintain, on each REO Propertyproperty acquired in Foreclosure Proceedings, fire and 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 propertyproperty or (ii) the principal balance of such Loan at the time of such Foreclosure Proceedings, liability insurance and, plus accrued interest and the good-faith estimate of the Servicer of related expenses to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance be incurred in an amount as provided aboveconnection therewith. Any amounts Amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited as Liquidation Proceeds or Insurance Proceeds into the Collection Account to the extent provided in Section 6.02. In cases in which any Mortgaged ------------ Property securing a Secured Loan is located in a federally designated special flood hazard area, the Custodial Accounthazard insurance to be maintained for the related Loan, subject or on property acquired in Foreclosure Proceedings, shall include flood insurance. All such flood insurance shall be in an amount equal to withdrawal pursuant the lesser ------ of (i) the maximum amount available under standard flood insurance in such designated flood area and (ii) the principal balance of the applicable Loan and the principal balance of any mortgage loan senior to Section 4.05such Loan from time to time. It is understood and agreed The Servicer shall be under no obligation to require that no any Obligor maintain earthquake or other additional insurance need be required by and the Servicer or the Mortgagor or maintained shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of the Mortgage Loansa Loan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies If the Servicer shall be endorsed with standard mortgagee clauses with loss payable obtain and maintain a blanket policy issued by an insurer acceptable to the Servicer and Rating Agencies insuring against hazard losses on all of the Loans, it shall conclusively be deemed to have satisfied its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction obligations as set forth in the first sentence of this Section 5.03. Any such blanket policy may contain a deductible clause. 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 5.03, and there shall have been a loss which would have been covered by such policy, the Servicer shall deposit into the Collection Account the amount or material change in coverage to not otherwise payable under the Servicerblanket policy because of such deductible clause. The Servicer shall not interfere apply all Insurance Proceeds received with respect to a Loan in reduction of the Mortgagor’s freedom unpaid principal balance of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified InsurerLoan.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Each Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan it services fire and hazard insurance from a generally acceptable insurer pursuant to the applicable Servicing Standard with extended coverage as is customary in the area where the related Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater Principal Balance of (a) the outstanding principal balance of the such Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA regulations. If the a Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the related Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Each Servicer shall also maintain on each REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements which are a part securing the related Mortgage Loan and (ii) the outstanding Principal Balance of such propertyMortgage Loan at the time it became an REO Property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the a Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing proceduresapplicable Servicing Standard, shall be deposited in the related Servicer Custodial Account, subject to withdrawal pursuant to Section 4.053.07. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the a Servicer or the Mortgagor or maintained on property acquired in respect of the any Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the related Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the related Servicer. The Each Servicer shall not interfere with the a Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the such Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ABFC 2006-He1 Trust)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and or (ii) the greater of (ay) the outstanding principal balance of the Mortgage Loan, Loan and (bz) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the Mortgagor and/or or the mortgagee loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the related Mortgaged Property is was located in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on each REO Propertyhave received a certificate of insurance evidencing a master policy held by the owner's association and naming the Master Servicer as loss payee. All policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgage clauses, fire and hazard insurance with extended coverage in an amount which is shall provide for at least equal 30 days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Master Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent; PROVIDED, however, that the Master Servicer shall not accept any such insurance policies from insurance companies unless such companies satisfy the requirements of FNMA or FHLMC and are licensed to do business in the maximum insurable value of jurisdiction in which the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveMortgaged Property is located. Any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and to be applied to the restoration or repair of the related Mortgaged Property Property) (or, in the case of a Cooperative Loan, the related Cooperative Unit) or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or amounts released to the Mortgagor in accordance with the Master Servicer’s 's normal servicing procedures, ) shall be deposited in the Custodial Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails with an insurance company acceptable to maintainFannie Mae or Freddie Mac) for each Mortgage Loan Loan, fire and hazard insurance xxxxxxnxx with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-III or better in Best's Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Master Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Mortgage the Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor Borrower and/or the mortgagee Issuer from becoming a co-co- insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on each REO any Foreclosure Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became a Foreclosure Property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 5.01, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Foreclosure Property, or released to the Mortgagor Borrower in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.055.01. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Issuer or the Noteholders, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon the direction of the Noteholder Agent to the Indenture Trustee, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the MortgagorBorrower’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:III or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and or (ii) the greater of (ay) the outstanding principal balance of the Mortgage Loan, Loan and (bz) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the Mortgagor and/or or the mortgagee loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the related Mortgaged 50 56 Property is was located in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on each REO Propertyhave received a certificate of insurance evidencing a master policy held by the owner's association and naming the Master Servicer as loss payee. All policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgage clauses, fire and hazard insurance with extended coverage in an amount which is shall provide for at least equal 30 days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Master Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Master Servicer shall not accept any such insurance policies from insurance companies unless such companies satisfy the requirements of FNMA or FHLMC and are licensed to do business in the maximum insurable value of jurisdiction in which the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveMortgaged Property is located. Any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and to be applied to the restoration or repair of the related Mortgaged Property Property) (or, in the case of a Cooperative Loan, the related Cooperative Unit) or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or amounts released to the Mortgagor in accordance with the Master Servicer’s 's normal servicing procedures, ) shall be deposited in the Custodial Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Tr Se 2000 Tbc2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Mortgage the Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor Borrower and/or the mortgagee Issuer from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to to. be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on each REO any Foreclosure Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became a Foreclosure Property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 5.01, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Foreclosure Property, or released to the Mortgagor Borrower in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.055.01. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Issuer or the Noteholders, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon the direction of the Initial Noteholder to the Indenture Trustee, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s Borrower's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:III or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan and (iii) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements which are a part securing the Mortgage Loan and (ii) the outstanding Principal Balance of such propertythe Mortgage Loan at the time it became an REO Property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers acceptable under the Xxxxxx Xxx MBS Selling and Servicing Guide or the Xxxxxxx Mac Servicer's Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2003-Wmc1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Protected Account, subject to withdrawal pursuant to Section 4.05, unless otherwise held in a suspense account by the Servicer. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under in the Fxxxxx Mae Guide or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best’s Key Rating Guide currently acceptable to Fxxxxx Mxx and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in comply with the event that Credit and Collection Policy concerning the related Mortgagor fails to maintain) for each Mortgage Loan issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal located. If at origination of a Commercial Loan, to the lesser of (i) the maximum insurable value best of the improvements securing such Mortgage Loan and (ii) Servicer's knowledge after reasonable investigation, the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the related Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available) consistent with the Credit and Collection Policy, the Servicer will cause require the related Obligor or other creditors to be maintained purchase 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and required by the Credit and Collection Policy, on each REO PropertyForeclosed Property constituting real property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, amounts described above and liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor or other creditors in accordance with applicable law or the Servicer’s normal servicing procedures, governing documents) shall be deposited in the Custodial Principal and Interest Account, subject to withdrawal pursuant to Section 4.054.04. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer of any Obligor or the Mortgagor other creditors or maintained on property acquired in respect of the Mortgage LoansForeclosed Property, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All policies required hereunder (unless the Seller is a non-agent co-lender with respect to such policies Commercial Loan) shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and or its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insureraffiliates.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (b) the Scheduled Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (c) the amount required under applicable HUD/FHA/VA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Scheduled Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.054.6. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First NLC Trust 2005-2)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the related Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in Each such policy of standard hazard insurance shall contain, or have an area identified in the Federal Register by the Federal Emergency Management Agency as being accompanying endorsement that contains, a special flood hazard area that has federally-mandated standard mortgagee clause. The Master Servicer shall also cause flood insurance requirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements on property acquired upon foreclosure or deed in lieu of the current guidelines foreclosure of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the outstanding principal balance of the any Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, 115 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 Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds or Subsequent Recoveries to the extent permitted by Section 4.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance need is to be required by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loans, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction area is participating in the amount or material change in coverage to national flood insurance program, the Servicer. The Master Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his cause flood insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurerrespect to such Mortgage Loan. Such flood insurance shall be in an amount equal to the lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Trust 2004-10)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, HELOC or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 2.04, any amounts collected by the Servicer under any such policies other than amounts to insurance policy maintained by the Mortgagor may be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.052.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the ServicerHELOC. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies which are Qualified Insurers not in compliance with applicable law and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurerrelated Loan Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Citigroup HELOC Trust 2006-Ncb1)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and or (ii) the greater of (ay) the outstanding principal balance of the Mortgage Loan, Loan and (bz) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the Mortgagor and/or or the mortgagee loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the related Mortgaged Property is was located in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on each REO Property, fire and hazard have received a certificate of insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are evidencing a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected master policy held by the owner’s association and naming the Master Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insuranceloss payee. All such policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and mortgage clauses, which shall provide for at least thirty days 30 days’ prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicercoverage. The Master Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Master Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers satisfy the requirements of FNMA or FHLMC and are licensed to do business in the state wherein jurisdiction in which the property subject to the policy Mortgaged Property is located. All Any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and to be applied to the restoration or repair of the related Mortgaged Property) (or, in the case of a Cooperative Loan, the related Cooperative Unit) or property acquired in liquidation of the Mortgage Loan, or amounts released to the Mortgagor in accordance with the Master Servicer’s normal servicing procedures) shall be deposited in the Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance policies shall not, for the purpose of calculating monthly distributions to the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 3.08 hereof. It is understood and agreed that no earthquake or other additional insurance is to be required of any Mortgagor or maintained on property acquired in respect of a Mortgage other than pursuant to this Section 4.10 such applicable laws and regulations as shall at any time be maintained with a Qualified Insurerin force and as shall require such additional insurance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under pursuant to the Fannie Mae Guide or xxxx applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to xxxxxxex xo do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and or (ii) the greater of (ay) the outstanding principal balance of the Mortgage Loan, Loan and (bz) the percentage an amount such that the proceeds thereof of such policy shall be sufficient to prevent the Mortgagor and/or or the mortgagee loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the related Mortgaged Property is was located in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirementshas been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on each REO Property, fire and hazard have received a certificate of insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are evidencing a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected master policy held by the owner's association and naming the Master Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insuranceloss payee. All such policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and mortgage clauses, which shall provide for at least thirty days 30 days' prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicercoverage. The Master Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails with an insurance company acceptable to maintainFxxxxx Mae or Fxxxxxx Mac) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-III or better in Best's Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (in the event that the related Mortgagor fails with an insurance company acceptable to maintainFxxxxx Mxx or Freddie Mac) for each Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the maximum insurable value of the improvements securing such the related Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, Loan and (b) the percentage such that the proceeds thereof shall be sufficient minimum amount necessary to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards (and such flood insurance requirements, has been made available) the Servicer Company will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan and Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on each any REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer’s normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its successors and/or assigns assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies are Qualified Insurers and are company that does not at that time maintain a General Policy Rating of B-III or better in Best's Key Rating Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Master Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:III or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Mortgage the Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor Borrower and/or the mortgagee Issuer from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least lesser of (i) the outstanding principal balance of the Mortgage Loan, Loan or (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on each REO any Foreclosure Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became a Foreclosure Property, liability insurance and, to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 5.01, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Foreclosure Property, or released to the Mortgagor Borrower in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.055.01. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Issuer or the Noteholders, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under pursuant to such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Servicer, or upon the direction of the Initial Noteholder to the Indenture Trustee, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s Borrower's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a General Policy Rating of B:III or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, and (b) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as being a special flood hazard area that has federally-mandated flood insurance requirements, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; providedPROVIDED, howeverHOWEVER, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers and are licensed to do business currently reflect a General Policy Rating of "B" or better by A.M. Best Company in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified InsurerBest's Key Rating Guide.

Appears in 1 contract

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis or (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s 's normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s 's freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Custodial Agreement (Painewebber Mortgage Acceptance Corp Iv Series 2000-He-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of amount necessary to fully compensate for any damage or loss to the improvements securing which are a part of such Mortgage Loan and property on a replacement cost basis, (ii) the greater of (a) the outstanding principal balance Principal Balance of the Mortgage Loan, and (b) the percentage in each case in an amount not less than such that the proceeds thereof shall be sufficient amount as is necessary to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurerinsurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and flood insurance requirementshas been made available, the Servicer will cause to be maintained 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 representing coverage not less than the least of (i) the outstanding principal balance Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on each the REO PropertyProperty for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Custodial Collection Account, subject to withdrawal pursuant to Section 4.053.05. It is understood and agreed that no earthquake or other additional insurance need is required to be required maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoansLoan, other than as provided under applicable state or federal laws and regulations pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent; , provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers currently reflect a general policy rating of B:VI or better in Best’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Distribution Instructions (Citigroup Mortgage Loan Trust Inc)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained (in the event that the related Mortgagor fails to maintain) maintained, for each Mortgage Loan Loan, fire and hazard insurance by a Qualified Insurer with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and or (iib) the greater of (ai) the outstanding unpaid principal balance of the Mortgage Loan, and (bii) the percentage such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the mortgagee Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Flood Emergency Management Agency as being a having special flood hazard area that has federally-mandated hazards and such flood insurance requirementshas been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the outstanding unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan and Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on each REO Property, (1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the maximum insurable value of the improvements which that are a part of such property, ; (2) liability insurance and, insurance; and (3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the ServicerCountrywide’s normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood The Purchaser understands and agreed agrees that no earthquake or other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loans, other than as provided under applicable state Loan shall be maintained by Countrywide or federal laws and regulations as shall at any time be in force and as shall require such additional insuranceMortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns Countrywide and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor’s freedom of choice in selecting either his the insurance carrier or agent; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies are Qualified Insurers acceptable to an Agency and are licensed to do business in the state wherein the property subject to the policy is located. All The hazard insurance policies maintained pursuant to this Section 4.10 for each Mortgage Loan secured by a unit in a condominium development or planned unit development shall be maintained with respect to such Mortgage Loan and the related development in a Qualified Insurermanner which is consistent with Fxxxxx Mxx or Fxxxxxx Mac requirements.

Appears in 1 contract

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

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