Common use of No Satisfaction of Mortgage Clause in Contracts

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission. The Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor's failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor has the Seller waived any default resulting from any action or inaction by the Mortgagor;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)

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No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission. The Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor's failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor has the Seller waived any default resulting from any action or inaction by the Mortgagor;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Ahl), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect affect any such release, cancellation, subordination or rescissionrescission (except with respect to subordination of a second lien HELOC to the first priority lien or security interest). The No Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor's ’s failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor has the any Seller waived any default resulting from any action or inaction by the Mortgagor;.

Appears in 2 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceledcancelled, subordinated (except other than to a senior mortgage the related first lien in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect any such releasesatisfaction, cancellation, subordination subordination, rescission or rescissionrelease. The Seller has Sellers have not waived the performance by the Mortgagor of any action, if the Mortgagor's ’s failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor has have the Seller Sellers waived any default resulting from any action or inaction by the Mortgagor;

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceledcancelled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission. The Seller Accredited has not waived the performance by the Mortgagor of any action, if the Mortgagor's failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor has the Seller Accredited waived any default resulting from any action or inaction by the Mortgagor;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)

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No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceledcancelled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan, to the prior mortgage lien on the related Mortgaged Property) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission. The Seller Company has not waived the performance by the Mortgagor of any action, if the Mortgagor's ’s failure to perform such action would cause the Accredited Mortgage Loan to be in default, default nor has the Seller Company waived any material default resulting from any action or inaction by the Mortgagor;.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Accredited Home Lenders Holding Co)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien Lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect any such releasesatisfaction, cancellation, subordination subordination, rescission or rescissionrelease. The Neither Seller nor, to Seller’s best knowledge after exercise of due inquiry, Subservicer has not waived the performance by the Mortgagor of any action, if the Mortgagor's ’s failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor and neither Seller nor, to Seller’s best knowledge after exercise of due inquiry, Subservicer has the Seller waived any default resulting from any action or inaction by the Mortgagor;default.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except to a senior mortgage in the case of a Second Lien Mortgage Loan) or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in part, nor has any instrument been executed that would effect affect any such release, cancellation, subordination or rescission. The Other than with respect to a Xxxxxx Mae Modified Loan or Xxxxxx Xxx Re-Performing Mortgage Loans, Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor's ’s failure to perform such action would cause the Accredited Mortgage Loan to be in default, nor has the Seller waived any default resulting from any action or inaction by the Mortgagor;.

Appears in 1 contract

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

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