Common use of Maintenance of the Primary Insurance Policies Clause in Contracts

Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the Mortgage Loan Payment Record.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-2 Trust), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-4 Trust), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-9-Trust)

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Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall need be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the Mortgage Loan Payment Record.

Appears in 11 contracts

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

Maintenance of the Primary Insurance Policies. (a) The Company Master Servicer shall not take take, or permit any Servicer (to the extent such action is prohibited under the applicable Servicing Agreement) to take, any action which that would result in non-coverage noncoverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Companysuch Master Servicer or Servicer, would have been covered thereunder. To The Master Servicer shall use its best reasonable efforts to cause each Servicer (to the extent coverage is available, required under the Company shall related Servicing Agreement) to keep or cause to be kept in full force and effect (to the extent that the Mortgage Loan requires the Mortgagor to maintain such insurance), primary mortgage insurance applicable to each such Primary Insurance Policy until Mortgage Loan in accordance with the principal balance provisions of this Agreement and the related Mortgage Note is 80% or less of Servicing Agreement, as applicable. The Master Servicer shall not, and shall not permit any Servicer (to the greater of (i) extent required under the related Original Value and (iiServicing Agreement) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable lawto, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date date of the initial issuance of the Mortgage Note and is required to be kept in force hereunder unless except in accordance with the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than provisions of this Agreement and the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policyrelated Servicing Agreement, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04as applicable. (b) In connection with its activities as administrator and servicer of The Master Servicer agrees to present, or to cause each Servicer (to the Mortgage Loans, extent required under the Company agrees related Servicing Agreement) to present, on behalf of itselfthe Trustee, the Trustee Certificateholders and the CertificateholdersGroup I Certificate Insurer, claims to the insurer under each any Primary Insurance Policy Policies and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy Policies respecting a related defaulted Mortgage LoanLoans. To the extent provided in Section 3.02(b)Pursuant to Sections 3.07 and 3.10, any amounts collected by the Company Master Servicer or any Servicer under any Primary Mortgage Insurance Policy Policies shall be deposited in respect the Collection Account, subject to withdrawal pursuant to Sections 3.07 and 3.10. (c) On each Distribution Date, prior to any distributions to Certificateholders pursuant to Article IV or Article V of this Agreement, the Master Servicer shall withdraw funds from the Collection Account in the amount of the Mortgage Loans (includingLPMI Insurer Fee, without limitation, a Mortgage Loan purchased by a related insurer) and shall be credited pay such LPMI Insurer Fee to the Mortgage Loan Payment RecordLPMI Insurer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1)

Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the related Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the Mortgage Loan Payment Record.

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 the Primary Insurance Policies. (a) The Company Master Servicer shall not take take, or permit the Servicer (to the extent such action is prohibited under the Purchase and Servicing Agreement) to take, any action which that would result in non-coverage noncoverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Companysuch Master Servicer or Servicer, would have been covered thereunder. To The Master Servicer shall use its best reasonable efforts to cause the Servicer (to the extent coverage is available, required under the Company shall Purchase and Servicing Agreement) to keep or cause to be kept in full force and effect each (to the extent that the Mortgage Loan requires the Mortgagor to maintain such insurance), a Primary Insurance Policy until applicable to each Mortgage Loan (including any lender-paid Primary Insurance Policy) in accordance with the principal balance provisions of this Agreement and the related Mortgage Note is 80% or less of Purchase and Servicing Agreement, as applicable. The Master Servicer shall not, and shall not permit the greater of Servicer (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable lawextent required under the Purchase and Servicing Agreement) to, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date date of the initial issuance of the Mortgage Note and is required to be kept in force hereunder unless except in accordance with the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than provisions of this Agreement and the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance PolicyPurchase and Servicing Agreement, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04as applicable. (b) In connection with its activities as administrator The Master Servicer agrees to cause the Servicer (to the extent required under the Purchase and servicer of the Mortgage Loans, the Company agrees Servicing Agreement) to present, on behalf of itselfthe Indenture Trustee, the Trustee Issuer and the CertificateholdersSecurityholders, claims to the insurer under each any Primary Insurance Policy Policies and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy Policies respecting a related defaulted Mortgage LoanLoans. To the extent provided in Pursuant to Section 3.02(b)4.01 and 4.02, any amounts collected by the Company Servicer under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) Policies shall be credited deposited in the related Distribution Account, subject to the Mortgage Loan Payment Recordwithdrawal pursuant to Section 4.03.

Appears in 1 contract

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

Maintenance of the Primary Insurance Policies. (a) The Company Servicer shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the CompanyServicer, would have been covered thereunder. To the extent coverage is available, the Company Servicer shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the CompanyServicer; provided that no such Primary Insurance Policy shall need be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company Servicer shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company Servicer agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company Servicer from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company Servicer agrees to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company Servicer under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the Mortgage Loan Payment Record.

Appears in 1 contract

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

Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the related Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the applicable Mortgage Loan Payment Record.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-13 Trust)

Maintenance of the Primary Insurance Policies. (a) The Company Master Servicer shall not take take, or permit the Servicer (to the extent such action is prohibited under the Purchase and Servicing Agreement) to take, any action which that would result in non-coverage noncoverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Companysuch Master Servicer or Servicer, would have been covered thereunder. To The Master Servicer shall use its best reasonable efforts to cause the Servicer (to the extent coverage is available, required under the Company shall Purchase and Servicing Agreement) to keep or cause to be kept in full force and effect each (to the extent that the Mortgage Loan requires the Mortgagor to maintain such insurance), a Primary Insurance Policy until applicable to each Mortgage Loan (including any lender-paid Primary Insurance Policy) in accordance with the principal balance provisions of this Agreement and the related Mortgage Note is 80% or less of Purchase and Servicing Agreement, as applicable. The Master Servicer shall not, and shall not permit the greater of Servicer (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable lawextent required under the Purchase and Servicing Agreement) to, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date date of the initial issuance of the Mortgage Note and is required to be kept in force hereunder unless except in accordance with the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than provisions of this Agreement and the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance PolicyPurchase and Servicing Agreement, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04as applicable. (b) In connection with its activities as administrator The Master Servicer agrees to cause the Servicer (to the extent required under the Purchase and servicer of the Mortgage Loans, the Company agrees Servicing Agreement) to present, on behalf of itselfthe Indenture Trustee, the Trustee Issuer and the CertificateholdersSecurityholders, claims to the insurer under each any Primary Insurance Policy Policies and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy Policies respecting a related defaulted Mortgage LoanLoans. To the extent provided in Pursuant to Section 3.02(b)4.01 and 4.02, any amounts collected by the Company Servicer under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) Policies shall be credited deposited in the Distribution Account, subject to the Mortgage Loan Payment Recordwithdrawal pursuant to Section 4.03.

Appears in 1 contract

Samples: Sale and Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim2)

Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the applicable Mortgage Loan Payment Record.

Appears in 1 contract

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

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Maintenance of the Primary Insurance Policies. (a) The Company Master Servicer shall not take take, or permit any Servicer (to the extent such action is prohibited under the applicable Sale and Servicing Agreement) to take, any action which that would result in non-coverage noncoverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Companysuch Master Servicer or Servicer, would have been covered thereunder. To The Master Servicer shall use its best reasonable efforts to cause each Servicer (to the extent coverage is available, required under the Company shall related Sale and Servicing Agreement) to keep or cause to be kept in full force and effect (to the extent that the Mortgage Loan requires the Mortgagor to maintain such insurance), primary mortgage insurance applicable to each such Primary Insurance Policy until Mortgage Loan in accordance with the principal balance provisions of this Agreement and the related Mortgage Note is 80% or less of Sale and Servicing Agreement, as applicable. The Master Servicer shall not, and shall not permit any Servicer (to the greater of (i) extent required under the related Original Value Sale and (iiServicing Agreement) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable lawto, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date date of the initial issuance of the Mortgage Note and is required to be kept in force hereunder unless except in accordance with the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than provisions of this Agreement and the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policyrelated Sale and Servicing Agreement, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04as applicable. (b) In connection with its activities as administrator The Master Servicer agrees to (i) present, or to cause each Servicer (to the extent required under the related Sale and servicer of the Mortgage Loans, the Company agrees Servicing Agreement) to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each any Primary Insurance Policy Policies and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy Policies respecting a related defaulted Mortgage LoanLoans. To the extent provided in Section 3.02(b)Pursuant to Sections 3.07 and 3.08, any amounts collected by the Company Master Servicer or any Servicer under any Primary Mortgage Insurance Policy Policies shall be deposited in respect the Collection Account, subject to withdrawal pursuant to Sections 3.07 and 3.08 and (ii) enforce the obligations of the applicable Servicer under the related Sale and Servicing Agreement to effect the timely payment of the premiums on each Primary Insurance Policy, including the timely payment of the Lender-Paid Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the Mortgage Loan Payment RecordInsurance Amount for each "lender-paid" Primary Insurance Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002 1)

Maintenance of the Primary Insurance Policies. Collections Thereunder. ---------------------------------------------- The Master Servicer will maintain or cause the related Sub-Servicer, if any, to maintain in full force and effect, if required under the Mortgage Loan Purchase Agreements and to the extent available, a Primary Insurance Policy conforming in all respects to the description set forth in Section 2(vii) of the Mortgage Loan Purchase Agreements with respect to each Mortgage Loan so insured as of the Closing Date (aor, in the case of a Eligible Substitute Mortgage Loan, on the date of substitution). Such coverage will be maintained with respect to each such Mortgage Loan for so long as it is outstanding, subject to any applicable laws or until the related Loan-to-Value Ratio is reduced to less than or equal to 80% based on Mortgagor payments. The Master Servicer shall cause the premium for each Primary Insurance Policy to be paid on a timely basis and shall pay such premium out of its own funds if it is not otherwise paid. The Master Servicer or the related Sub- Servicer, if any, will not cancel or refuse to renew any such Primary Insurance Policy in effect on the Closing Date (or, in the case of a Eligible Substitute Mortgage Loan, on the date of substitution) that is required to be kept in force under this Agreement unless a replacement Primary Insurance Policy for such canceled or non-renewed policy is obtained from and maintained with an insurer. The Company Master Servicer shall not take take, or permit any Sub-Servicer to take, any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the CompanyMaster Servicer or Sub-Servicer, would have been covered thereunder. To The Master Servicer will comply in the extent coverage is availableperformance of this Agreement with all reasonable rules and requirements of each insurer under each Primary Insurance Policy. In connection with any assumption and modification agreement or substitution of liability agreement entered into or to be entered into pursuant to Section 3.15, the Company Master Servicer shall keep or cause to be kept in full force and effect each such promptly notify the insurer under the related Primary Insurance Policy until Policy, if any, of such assumption in accordance with the principal balance terms of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value such policies and (ii) the then current value of the property underlying the related Mortgage Note shall take all actions which may be required by such insurer as evidenced by an appraisal thereof satisfactory a condition to the Company; provided that no such continuation of coverage under the Primary Insurance Policy shall be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998Policy. The Company shall not cancel or refuse to renew If any such Primary Insurance Policy applicable to is terminated as a Mortgage Loan that is in effect at result of such assumption, the Closing Date and is required to be kept in force hereunder unless Master Servicer or the related Sub- Servicer shall obtain a replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agencyas provided above. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company Master Servicer agrees to prepare and present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each any Primary Insurance Policy in a timely fashion in accordance with the terms of such policies and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To Any amounts collected by the extent provided Master Servicer under any Primary Insurance Policy shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.02(b), 3.11; and any amounts collected by the Company Master Servicer under any Primary Insurance Policy in respect of any REO Property shall be deposited in the Mortgage Loans (includingCollection Account, without limitation, subject to withdrawal pursuant to Section 3.23. In those cases in which a Mortgage Loan purchased is serviced by a related insurer) Sub-Servicer, the Sub-Servicer, on behalf of itself, the Trustee, and the Certificateholders, will present claims to the insurer under any Primary Insurance Policy and all collections thereunder shall be credited to deposited initially in the Mortgage Loan Payment RecordSub- Servicing Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Maintenance of the Primary Insurance Policies. (a) The Company Master Servicer shall not take take, or permit any Servicer (to the extent such action is prohibited under the applicable Purchase and Servicing Agreement) to take, any action which that would result in non-coverage noncoverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Companysuch Master Servicer or Servicer, would have been covered thereunder. To The Master Servicer shall use its best reasonable efforts to cause each Servicer (to the extent coverage is available, required under the Company shall related Purchase and Servicing Agreement) to keep or cause to be kept in full force and effect (to the extent that the Mortgage Loan requires the Mortgagor to maintain such insurance), primary mortgage insurance applicable to each such Primary Insurance Policy until Mortgage Loan in accordance with the principal balance provisions of this Agreement and the related Mortgage Note is 80% or less of Purchase and Servicing Agreement, as applicable. The Master Servicer shall not, and shall not permit any Servicer (to the greater of (i) extent required under the related Original Value Purchase and (iiServicing Agreement) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable lawto, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date date of the initial issuance of the Mortgage Note and is required to be kept in force hereunder unless except in accordance with the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than provisions of this Agreement and the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policyrelated Purchase and Servicing Agreement, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04as applicable. (b) In connection with its activities as administrator The Master Servicer agrees to (i) present, or to cause each Servicer (to the extent required under the related Purchase and servicer of the Mortgage Loans, the Company agrees Servicing Agreement) to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each any Primary Insurance Policy Policies and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy Policies respecting a related defaulted Mortgage LoanLoans. To the extent provided in Section 3.02(b)Pursuant to Sections 3.07 and 3.08, any amounts collected by the Company Master Servicer or any Servicer under any Primary Mortgage Insurance Policy Policies shall be deposited in respect the Collection Account, subject to withdrawal pursuant to Sections 3.07 and 3.08 and (ii) enforce the obligations of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a applicable Servicer under the related insurer) shall be credited Purchase and Servicing Agreement to effect the Mortgage Loan Payment Recordtimely payment of the premiums on each Primary Insurance Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Master Adjustable Rate Mortgages Trust 2003-1)

Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided that no such Primary Insurance Policy shall be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (ba) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the Mortgage Loan Payment Record.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Remic Mort Pass Through-Cert Series 2000-3)

Maintenance of the Primary Insurance Policies. (a) The Company shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the actions of the Company, would have been covered thereunder. To the extent coverage is available, the Company shall keep or cause to be kept in full force and effect each such Primary Insurance Policy until the principal balance of the related Mortgage Note is 80% or less of the greater of (i) the related Original Value and (ii) the then current value of the property underlying the related Mortgage Note as evidenced by an appraisal thereof satisfactory to the Company; provided provided, that no such Primary Insurance Policy shall need be kept in effect if doing so would violate applicable law, including, without limitation, the Federal Homeowners Protection Act of 1998. The Company shall not cancel or refuse to renew any such Primary Insurance Policy applicable to a Mortgage Loan that is in effect at the Closing Date and is required to be kept in force hereunder unless the replacement Primary Insurance Policy for such canceled or non-renewed policy is maintained with an insurer whose claims-paying ability is acceptable to each Rating Agency for mortgage pass-through certificates having ratings equal to or better than the ratings then assigned to the Certificates by such Rating Agency. The Company agrees to effect the timely payment of the premium on each Primary Insurance Policy, and such costs not otherwise recoverable shall be recoverable by the Company from related Insurance Proceeds and Liquidation Proceeds pursuant to Section 3.04. (b) In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself, the Trustee and the related Certificateholders, claims to the insurer under each Primary Insurance Policy and, in this regard, to take such reasonable action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a related defaulted Mortgage Loan. To the extent provided in Section 3.02(b), any amounts collected by the Company under any Primary Insurance Policy in respect of the Mortgage Loans (including, without limitation, a Mortgage Loan purchased by a related insurer) shall be credited to the applicable Mortgage Loan Payment Record.

Appears in 1 contract

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

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