Common use of Original Terms Unmodified Clause in Contracts

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, except by a written instrument which has been recorded or registered with the MERS System, if necessary, to protect the interests of the Purchaser and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the Custodian. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage File delivered to the Custodian and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 5 contracts

Samples: Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2007-3), Warranties and Servicing Agreement (Sequoia Mortgage Trust 2007-2), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2007-4)

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Original Terms Unmodified. The As of the Servicing Transfer Date, the terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Sponsor, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or to such other Person as the Sponsor shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee or to such other Person as the Sponsor shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 5 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2), Indemnification and Contribution Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from and after the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Assignor, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the Custodiancustodian or to such other Person as the Assignor shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian custodian or to such other Person as the Assignor shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ff8), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff3), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff4)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianCustodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policyrequired, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, insurer to the extent required by the policyrequired, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-He1)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)

Original Terms Unmodified. The As of the Servicing Transfer Date, the terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser MSMC, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or to such other Person as MSMC shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee or to such other Person as MSMC shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)

Original Terms Unmodified. The As of the Servicing Transfer Date, the terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Sponsor, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianCustodian or to such other Person as the Sponsor shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian or to such other Person as the Sponsor shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianCustodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianCustodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, respect from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Trust, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or to such other Person as the Trustee shall designate in writing, and the terms of which are reflected in the Data Tape Information or included in the Mortgage File. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee or to such other Person as the Trustee shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;Data Tape Information.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2002-Op1)

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Original Terms Unmodified. The As of the Original Sale Date, the terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsamp Trust 2004-He2)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination (other than those which would not result in a Material Adverse Effect); except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Lender, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or the Bailee, as applicable, and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policyrequired, and its terms are reflected on the related Mortgage Loan Schedule. No Mortgagor in respect of the Mortgage Loan has been released, in whole or in part, except in connection with an assumption agreement approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the such policy, and which assumption agreement is part of the Custodial Mortgage File delivered to the Custodian Trustee and the terms of which are reflected in the related Mortgage Loan Schedule;.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination, which modification does not otherwise result in the breach of any representation or warranty set forth herein; except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Buyer, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianCustodian and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policyrequired, and its terms are reflected on the related Mortgage Loan Schedule. No Mortgagor in respect of the Mortgage Loan has been released, in whole or in part, except in connection with an assumption agreement approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the such policy, and which assumption agreement is part of the Custodial Mortgage File delivered to the Custodian and the terms of which are reflected in the related Mortgage Loan Schedule;. The related Mortgage and Mortgage Note contain the entire agreement of the parties with respect to the related payment terms and all of the obligations of the Seller under the Purchased Mortgage Loan.

Appears in 1 contract

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

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination (other than those which would not result in a Material Adverse Effect); except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Lender, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianTrustee or the Bailee, as applicable, and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policyrequired, and its terms are reflected on the related Mortgage Loan Schedule. No Schedule 1-1 45 Mortgagor in respect of the Mortgage Loan has been released, in whole or in part, except in connection with an assumption agreement approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the such policy, and which assumption agreement is part of the Custodial Mortgage File delivered to the Custodian Trustee and the terms of which are reflected in the related Mortgage Loan Schedule;.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

Original Terms Unmodified. The As of the Original Sale Date, the terms of the Mortgage Note and Mortgage have had not been impaired, waived, altered or modified in any respectrespect from the date of origination, except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser GSMC or its assignee, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered or caused to be delivered to the CustodianTrustee or the Custodian by the Depositor, and the terms of which are reflected in the Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has had been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian Trustee pursuant to the Pooling and Servicing Agreement and the terms of which are reflected in the related Mortgage Loan Schedule;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2005-10)

Original Terms Unmodified. The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded or registered with the MERS Systemrecorded, if necessary, necessary to protect the interests of the Purchaser Purchaser, and is retained by the Company in the Retained Mortgage File; and the related Mortgage Note which has been delivered to the CustodianCustodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Custodial Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)

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