Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 23 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He7), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4), Pooling and Servicing Agreement (MSAC Trust 2006-He3)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 21 contracts
Samples: Assignment and Conveyance Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 20 contracts
Samples: Servicing and Trust Agreement (GSAA Home Equity Trust 2007-8), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal Unless otherwise specified on the related Mortgage Loan Schedule, principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap lifetime rate cap and the Periodic Cap periodic cap are as set forth on the related Mortgage Loan Schedule. Unless otherwise specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanSchedule, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 18 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Wmc2)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan by its original terms or any modification thereof, does not require a balloon payment on provide for amortization beyond its stated scheduled maturity date;
Appears in 16 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 15 contracts
Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Origination; Payment Terms. The At the time the Mortgage Loan was originated by originated, the originator was a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar banking institution which is supervised and examined by a federal Federal or state authority, except with respect to State authority or a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage LoanFxxxxx Mxx or Fxxxxxx Mac approved mortgagee. The Mortgage Interest Rate is as well as, set forth in the case of an related Mortgage Note. As stated in the related Mortgage Note, the Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage LoanLoans, on each Interest Rate Adjustment Date to equal the Lifetime Rate Cap and Index plus the Gross Margin, subject to the Periodic Cap are as set forth on the related Rate Cap. Except with respect to Interest Only Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanLoans, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan by its original terms or any modification thereof, does not require a balloon payment on provide for amortization beyond its stated maturity datescheduled maturity;
Appears in 12 contracts
Samples: Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-5), Assignment and Assumption (Structured Adjustable Rate Mortgage Loan Trust Series 2007-2)
Origination; Payment Terms. The Principal payments on the Mortgage Loan commenced no more than sixty (60) days after the funds were disbursed in connection with the Mortgage Loan. At the time the Mortgage Loan was originated by originated, the originator was a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar banking institution which is supervised and examined by a federal Federal or state State authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asis (i) with respect to fixed rate Mortgage Loans, the fixed interest rate set forth in the case of an Adjustable Mortgage Note and (ii) with respect to ARM Mortgage Loans, adjusted on each Interest Rate Adjustment Date pursuant to the Mortgage LoanLoan Documents and rounded as required under Accepted Servicing Practices and subject to the Mortgage Interest Rate Cap, the Lifetime Periodic Rate Cap and the Periodic Cap are Lifetime Rate Cap. Except with respect to any balloon Mortgage Loan as set forth indicated on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. The Mortgage Loans identified Interest Rate, as well as the Lifetime Rate Cap, the Periodic Rate Cap and the Mortgage Interest Rate Cap, are as set forth on the Mortgage Loan Schedule as a Balloon Schedule. No ARM Mortgage Loan with a forty year amortization period). Unless otherwise specified on contains terms whereby the related Mortgagor is permitted to convert the Mortgage Loan Scheduleto a fixed rate Mortgage Loan, no ARM Mortgage Loan contains a negative amortization provision and no ARM Mortgage Loan contains a rounding feature. All of the ARM Mortgage Loans contain an interest rate provision that requires a lookback of 45 days. With respect to each Mortgage Loan Package, the Mortgage Loan is payable on the first day of each month and the Schedule does not contain more than one Mortgage Loan does not require a balloon payment on its stated maturity datewith the same Mortgagor;
Appears in 10 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact required to a be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date, unless otherwise specified in the Mortgage Loan Schedule;
Appears in 10 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified Except with respect to interest-only mortgage loans set forth on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanSchedule, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless otherwise specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanSchedule, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc4), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan, except for interest-only Mortgage Loans for which the principal payments commence at the end of the interest only period. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, date [except for Mortgage Loans which have a stated maturity of thirty years but amortize based on a forty (40) year schedule] over an original term of not more than thirty (30) years from commencement of amortization (or forty years [except for Mortgage Loans identified which have a stated maturity of thirty (30) years but amortize based on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty (40) year amortization period)schedule]. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He4), Pooling and Servicing Agreement (GSAMP Trust 2007-He1), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty fifteen years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 8 contracts
Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan by its original terms or any modification thereof, does not require a balloon payment on provide for amortization beyond its stated scheduled maturity date;
Appears in 6 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Origination; Payment Terms. The Mortgage Loan was originated by either i) the Company, which is a mortgagee FNMA-approved, FHLMC-approved by the Secretary of Housing and Urban Development pursuant to Sections 203 HUD-approved mortgage banker, or ii) an entity that is a FNMA-approved, FHLMC-approved and 211 of the National Housing ActHUD-approved mortgage banker, or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar banking institution which is supervised and examined by a federal Federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated . The interest rate on the related Mortgage Loan Schedule. Principal payments Note is adjusted annually in the case of Treasury Rate Mortgage Loans and LIBOR Mortgage Loans on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin, subject to the Initial Rate Cap, Periodic Rate Cap and the Lifetime Mortgage Interest Rate Cap as set forth in the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage LoanNote. The Mortgage Interest Rate as well asfor a 5/1 ARM Mortgage Loan and a 3/1 ARM Mortgage Loan is adjusted annually commencing from and after the sixtieth Monthly Payment and the thirty-sixth Monthly Payment, respectively, in the case of an Adjustable same manner as a Treasury Rate Mortgage Loan and LIBOR Mortgage Loan, provided, however, that the Lifetime Periodic Rate Cap and does not apply to the Periodic Cap are as set forth on the related initial Interest Rate Adjustment Date for such 5/1 ARM Mortgage Loan Schedule(the Initial Rate Cap does apply). Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable each month in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, and requires Monthly Payments sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term principal balance of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as over a Balloon term of no more than 30 years. Each Convertible Mortgage Loan with contains a forty year amortization period). Unless otherwise specified on provision whereby the related Mortgage Loan Schedule, Mortgagor is permitted to convert the Mortgage Loan is payable on to a fixed-rate mortgage loan at any time between the first day and fifth anniversary of each month and the origination of the Mortgage Loan. No Mortgage Loan does not require has a balloon payment on its stated maturity dateprovision for negative amortization;
Appears in 6 contracts
Samples: Custodial Agreement (Bear Stearns ARM Trust 2006-4), Custodial Agreement (Bear Stearns ARM Trust 2007-4), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3)
Origination; Payment Terms. The With respect to any Agency Mortgage Loan, the Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except . Other than with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal HELOCs, principal and/or interest payments on the Mortgage Loan commenced or will commence no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. Other than with respect to a Business Purpose Mortgage Loan or as otherwise permitted by the applicable Agency Guide, no Mortgage Loan has a balloon payment feature. The Mortgagor contributed a percentage amount equal to or greater than the amount required pursuant to the applicable Agency Guide of the purchase price for the Mortgaged Property from their own funds. Interest on the Mortgage Loan is calculated on the basis of a 360-day year consisting of twelve (12) 30-day months. With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Cap. Other than with respect to HELOCs, HECM Loans and Private Label Reverse Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanLoans, the Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, interest with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;amortization.
Appears in 5 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Origination; Payment Terms. The At the time the Mortgage Loan was originated by originated, the originator was a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar institution which is supervised and examined by a federal Federal or state State authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asis (a) with respect to fixed rate Mortgage Loans, the fixed interest rate set forth in the case of an Adjustable Mortgage Note and (b) with respect to ARM Mortgage Loans, adjusted on each Interest Rate Adjustment Date pursuant to the Mortgage LoanLoan Documents and rounded as required under Accepted Servicing Practices and subject to the Mortgage Interest Rate Cap, the Lifetime Periodic Rate Cap and the Periodic Cap are Lifetime Rate Cap. Except with respect to any Balloon Mortgage Loan as set forth indicated on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. The Mortgage Loans identified Interest Rate, as well as the Lifetime Rate Cap, the Periodic Rate Cap and the Mortgage Interest Rate Cap, are as set forth on the Mortgage Loan Schedule as a Balloon Schedule. No ARM Mortgage Loan with a forty year amortization period). Unless otherwise specified on contains terms whereby the related Mortgage Loan Schedule, Mortgagor is permitted to convert the Mortgage Loan is payable on the first day of each month and the to a fixed rate Mortgage Loan does not require and no ARM Mortgage Loan contains a balloon payment on its stated maturity datenegative amortization provision;
Appears in 4 contracts
Samples: Warranties and Servicing Agreement (Sasco 2006-Bc4), Warranties and Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Reconstituted Servicing Agreement (Sail 2006-3)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in as the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap lifetime rate cap and the Periodic Cap periodic cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as a Balloon Note from an Adjustable Rate Mortgage Loan with to a forty year amortization period)Fixed Rate Mortgage Loan. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.), Pooling and Servicing Agreement (First NLC Securitization, Inc.), Transfer and Servicing Agreement (First NLC Securitization, Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for other than with respect to Option ARM Mortgage Loans identified on the Mortgage Loan Schedule as a and Balloon Mortgage Loan with a forty year amortization periodLoans). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. Except for Balloon Mortgage Loans, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 4 contracts
Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa1), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments Monthly Payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Note Interest Rate as well asis adjusted, in with respect to adjustable rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the case of an Adjustable Mortgage Note Index plus the Gross Margin (rounded up or down to the nearest .125%), subject to the Mortgage Note Interest Rate Cap. The Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth Note is payable on the related first day of each month. Other than with respect to a Mortgage Loan Schedule. Unless specified identified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note Loan is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Note Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for amortization. With respect to each Mortgage Loans Loan identified on the Mortgage Loan Schedule as a Balloon an interest-only Mortgage Loan with a forty year amortization period). Unless otherwise Loan, the interest-only period shall not exceed ten (10) years (or such other period specified on the related Mortgage Loan Schedule) and following the expiration of such interest-only period, the remaining Monthly Payments shall be sufficient to fully amortize the original principal balance over the remaining term of the Mortgage Loan is payable on and to pay interest at the first day related Mortgage Interest Rate. The term of each month and the any Mortgage Loan does shall not require a balloon payment on its stated maturity date;exceed thirty (30) years.
Appears in 4 contracts
Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. The Mortgage Loan, by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified Except with respect to interest-only mortgage loans set forth on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanSchedule, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He6), Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. The Mortgage Loan by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date. Except with respect to each Balloon Mortgage Loan, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan ScheduleExhibit I hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and and/or interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient (except with respect to interest-only loans) to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Servicing Agreement (GSAA Home Equity Trust 2006-9)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan (other than a Mortgage Loan that does not provide for payment of principal for a period of twenty-four to thirty-six months after the date of origination (such Mortgage Loan, an “Interest Only Mortgage Loan”)) commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related With respect to any Mortgage Loan Schedule as other than an interest-only loan or a Balloon Interest Only Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Mortgage Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. None of the Mortgage Loans identified on allows for conversion of the Mortgage Loan Schedule as interest rate thereon from an adjustable rate to a Balloon Mortgage Loan with a forty year amortization period)fixed rate. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-B)
Origination; Payment Terms. The Principal payments on the Mortgage Loan commenced no more than sixty (60) days after the funds were disbursed in connection with the Mortgage Loan. At the time the Mortgage Loan was originated by originated, the originator was a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar banking institution which is supervised and examined by a federal Federal or state State authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asis (i) with respect to fixed rate Mortgage Loans, the fixed interest rate set forth in the case of an Adjustable Mortgage Note and (ii) with respect to ARM Mortgage Loans, adjusted on each Interest Rate Adjustment Date pursuant to the Mortgage LoanLoan Documents and rounded up or down to the nearest 0.125% and subject to the Mortgage Interest Rate Cap, the Lifetime Periodic Rate Cap and the Periodic Cap are Lifetime Rate Cap. Except with respect to any balloon Mortgage Loan, “interest only” Mortgage Loan or Negative Amortization Mortgage Loan, each as set forth indicated on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty forty years from commencement of amortization (or forty years for amortization. The Mortgage Loans identified Interest Rate, as well as the Lifetime Rate Cap, the Periodic Rate Cap and the Mortgage Interest Rate Cap, are as set forth on the Mortgage Loan Schedule as a Balloon Schedule. No ARM Mortgage Loan with a forty year amortization period). Unless otherwise specified on contains terms whereby the related Mortgagor is permitted to convert the Mortgage Loan Scheduleto a fixed rate Mortgage Loan. All of the ARM Mortgage Loans contain an interest rate provision that requires a lookback as set forth in the Underwriting Guidelines. With respect to each Mortgage Loan Package, the Mortgage Loan is payable on the first day of each month and the Schedule does not contain more than one Mortgage Loan does not require a balloon payment on its stated maturity datewith the same Mortgagor;
Appears in 4 contracts
Samples: Reconstituted Servicing Agreement (LXS 2007-3), Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-10), Lehman Brothers (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty or fifty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty or fifty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He6)
Origination; Payment Terms. The First NLC Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No First NLC Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the First NLC Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the First NLC Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related First NLC Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the First NLC Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No First NLC Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-He1), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)
Origination; Payment Terms. The Mortgage Loan was originated by (i) a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from authority or (ii) by a correspondent mortgage banker or broker licensed or authorized to do business in the jurisdiction in which the related Mortgaged Property is located, as indicated on the Mortgage Loan Schedule, in which case the Mortgage Loan was re-underwritten by WMC prior to purchasing the Mortgage Loan in accordance with its Underwriting Guidelines in effect on the date such Mortgage Loan was originated. Principal Unless such Mortgage Loan is an Interest-Only Loan, principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified identified on the related Mortgage Loan Schedule as an interestInterest-only loan Only Loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan, unless such Mortgage Loan is an Interest-Only Loan or Balloon Mortgage Loan, fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty or fifty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty or fifty year amortization period, as applicable), the Mortgage Loan is payable on the first day of each month. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. Unless identified on the related Mortgage Loan Schedule as a Balloon Mortgage Loan, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-He1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm4)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. The Mortgage Loan, by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)
Origination; Payment Terms. The Acoustic Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Acoustic Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Acoustic Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Acoustic Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Acoustic Mortgage Loan Schedule. Unless specified on the related Except with respect to Interest Only Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanLoans, the Mortgage Note is payable in equal monthly installments of principal and interestinterest sufficient to amortize the Acoustic Mortgage Loan fully by the stated maturity date, which over an original term of not more than forty years from commencement of amortization with interest calculated and payable in arrears. All installments of interest, interest with respect to Adjustable Rate Mortgage Loans, Loans are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the The Acoustic Mortgage Loan is payable on the first day of each month and the month. No Acoustic Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interestand/or interest (subject to an “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;amortization.
Appears in 3 contracts
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Pledge Agreement (Impac Mortgage Holdings Inc)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and interest payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed (or after the interest only period expired, as applicable) in connection with the Mortgage LoanLoan other than a Non-Agency Non-QM Mortgage Loan identified on the Asset Schedule. The Mortgagor contributed from their own funds to the purchase price for the Mortgaged Property, as required by the applicable Agency. Interest on the Mortgage Loan is calculated on the basis of a 360 day year consisting of twelve 30 day months. With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in either (x) equal monthly installments of principal and interestinterest or (y) interest only with regard to those Mortgage Loans which have an interest only period, which installments of interest, interest with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, Date with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty forty (40) years from commencement of amortization (or forty years for Mortgage Loans identified on the other than with respect to a Second Lien Mortgage Loan Schedule that is originated as a Balloon Mortgage Loan with a forty year amortization periodhome equity revolving line of credit). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;.
Appears in 3 contracts
Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)
Origination; Payment Terms. The MILA Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No MILA Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the MILA Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the MILA Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan ScheduleExhibit I hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the MILA Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The MILA Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No MILA Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Representations and Warranties Agreement (GSAMP Trust 2006-He5)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 3 contracts
Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Except with respect to Interest Only Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanLoans, the Mortgage Note is payable in equal monthly installments of principal and interestinterest sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than forty (40) years from commencement of amortization with interest calculated and payable in arrears, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient . There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to amortize convert the Mortgage Loan fully by the stated maturity date, over Note from an original term of not more than thirty years from commencement of amortization (or forty years for adjustable interest rate Mortgage Loans identified on the Note to a fixed interest rate Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1), Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Pooling and Servicing Agreement (GSAMP Trust 2007-He1)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty fifteen years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted with respect to the Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan does not require a balloon payment on its stated maturity date; and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule(other than an Option ARM Loan) contains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan (except with respect to an Option ARM Loan) commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interestinterest (except with respect to an Option ARM Loan), which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (except with respect to an Option ARM Loan or forty years for a 40/30 Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization periodLoan). Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2007-H1), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)
Origination; Payment Terms. The Weichert Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Weichert Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Weichert Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Weichert Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Rate Cap, are as set forth on the related Mortgage Loan ScheduleExhibit K hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Weichert Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Weichert Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Weichert Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Representations and Warranties Agreement (GSAMP Trust 2006-He5)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments Monthly Payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Note Interest Rate as well asis adjusted, in with respect to adjustable rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the case of an Adjustable Index plus the Gross Margin (rounded up or down to the nearest .125%), subject to the Mortgage Note Interest Rate Cap. The Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth Note is payable on the related first day of each month. Other than with respect to a Mortgage Loan Schedule. Unless specified identified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note Loan is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Note Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for amortization. With respect to each Mortgage Loans Loan identified on the Mortgage Loan Schedule as a Balloon an interest-only Mortgage Loan with a forty year amortization period). Unless otherwise Loan, the interest-only period shall not exceed ten (10) years (or such other period specified on the related Mortgage Loan Schedule) and following the expiration of such interest-only period, the remaining Monthly Payments shall be sufficient to fully amortize the original principal balance over the remaining term of the Mortgage Loan is payable on and to pay interest at the first day related Mortgage Interest Rate. The term of each month and the any Mortgage Loan does shall not require a balloon payment on its stated maturity date;exceed thirty (30) years.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan (other than a Mortgage Loan that does not provide for payment of principal for a period of twenty-four to thirty-six months after the date of origination (such Mortgage Loan, an “Interest Only Mortgage Loan”)) commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related With respect to any Mortgage Loan Schedule as other than an interest-only loan or a Interest Only Mortgage Loan and Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Mortgage Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a amortization. Each Balloon Mortgage Loan with has on original term to maturity of 30 years and an amortization schedule of 40 years. None of the Mortgage Loans allows for conversion of the interest rate thereon from an adjustable rate to a forty year amortization period)fixed rate. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the a simple interest mortgage loan; Fremont 2006-D Mortgage Loan does not require a balloon payment on its stated maturity date;Purchase Agreement A-6
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-D), Mortgage Loan Purchase Agreement (Fremont Home Loan Trust 2006-D)
Origination; Payment Terms. The At the time the Mortgage Loan was originated by originated, the originator was a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar banking institution which is supervised and examined by a federal Federal or state State authority, except with respect to a Mortgage Loan purchased from including a correspondent as indicated on mortgage banker or broker having a pre-existing relationship with the Seller that is licensed or authorized to do business in the jurisdiction in which the related Mortgaged Property is located which underwrote the Mortgage Loan Scheduleto the Underwriting Guidelines and otherwise applied the same standards used by the Seller in originating Mortgage Loans directly. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal (except for Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years amortization. With respect to any Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of such interest-only period, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month, the Mortgage Loan does not require a balloon payment on its stated maturity date, and by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except Except with respect to a Interest Only Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal Loans, principal payments on the such Mortgage Loan commenced or will commence no more than seventy 60 days after funds were disbursed in connection with the such Mortgage Loan. The If the interest rate on the related Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage LoanNote is adjustable, the Lifetime Rate Cap and adjustment is based on the Periodic Cap are as Index set forth on the related Mortgage Loan Schedule. Unless specified on the related The Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over Loans have an original term to maturity of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan 30 years, with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is interest payable on the first day of each month in arrears, in accordance with the payment terms described on the related Mortgage Loan Schedule. As to each ARM Loan on each applicable Adjustment Date, the Mortgage Interest Rate has been or will be adjusted to equal the sum of the Index plus the applicable Gross Margin, rounded up or down to the nearest multiple of 0.125% indicated by the Mortgage Note; provided that the Note Rate has not increased or decreased and will not increase or decrease by more than the Periodic Interest Rate Cap on any Adjustment Date, and has not, nor will it in any event, exceed the maximum Note Rate or be lower than the minimum Note Rate listed on the Mortgage Loan does not require Schedule for such Mortgage Loan. As to each ARM Loan (other than a balloon Mortgage Loan subject to Negative Amortization or an Interest Only Mortgage Loan), each Mortgage Note requires a monthly payment which is sufficient, during the period prior to the first adjustment to the Note Rate, to fully amortize the outstanding principal balance as of the first day of such period over the then remaining term of such Mortgage Note and to pay interest at the related Note Rate. As to each Mortgage Note relating to an Interest Only Mortgage Loan, each Mortgage Note requires a monthly payment, commencing with the first monthly payment after the end of the interest only period, which is sufficient to amortize the outstanding principal balance fully over the then remaining term of such Mortgage Note. As to each ARM Loan, if the related Note Rate changes on its stated maturity datea Payment Adjustment Date, the then outstanding principal balance will be reamortized over the remaining life of such Mortgage Loan. With respect to any Mortgage Loan subject to Negative Amortization the Monthly Payments are sufficient during the period following each Payment Adjustment Date to fully amortize the outstanding principal balance as of the first day of such period (including any Negative Amortization) over the original term thereof in accordance with the terms and conditions set forth in the Mortgage Note;
Appears in 2 contracts
Samples: Servicing Agreement (Banc of America Funding 2006-8t2 Trust), Servicing Agreement (Banc of America Funding 2006-I Trust)
Origination; Payment Terms. The As of the Securitization Closing Date, the Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal and/or interest payments on the Mortgage Loan commenced or will commence no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an with respect to Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap Cap, the Periodic Rate Floor and the Periodic Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is required to be adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap, the Periodic Rate Floor and the Lifetime Rate Cap. Subject to a "balloon" payment in the case of a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and and/or interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate and/or Monthly Payment on each Interest Rate Adjustment Date or Monthly Payment Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity datedate (unless the Mortgage Loan is identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan or an Interest Only Mortgage Loan), over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon fixed interest rate Mortgage Note. The Due Date of the first payment on its stated maturity dateunder the Mortgage Note is no more than 60 days from the date of the Mortgage Note;
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1), Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated . Monthly Payments on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asis adjusted, in the case of an with respect to Adjustable Rate Loans, on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), subject to the Mortgage Loan, the Lifetime Interest Rate Cap and the Periodic Cap are as set forth on the related Mortgage Cap. With respect to each Loan Schedule. Unless specified on the related Mortgage that is not a Negative Amortization Loan Schedule as or an interest-only loan or a Balloon Mortgage Interest Only Loan, the Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, with respect to an Adjustable Rate Mortgage LoansLoan, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan Asset fully by the stated maturity date, over an original term of not more than thirty 40 years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on With respect to each Negative Amortization Loan, the related Mortgage Loan ScheduleNote requires a Monthly Payment which is sufficient during the period following each Payment Adjustment Date, to fully amortize the Mortgage Loan is payable on outstanding principal balance as of the first day of each month such period (including any Negative Amortization) over the then remaining term of such Note and to pay interest at the related Mortgage Interest Rate; provided, that the Monthly Payment shall not increase to an amount that exceeds 107.5% of the amount of the Monthly Payment that was due immediately prior to the Payment Adjustment Date; provided, further, that the payment adjustment cap shall not be applicable with respect to the adjustment made to the Monthly Payment that occurs in a year in which the Loan has been outstanding for a multiple of five (5) years and in any such year the Monthly Payment shall be adjusted to fully amortize the Loan over the remaining term and the Mortgage Loan does not require a balloon Due Date of the first payment on its stated maturity date;under the Note is no more than 60 days from the date of the Note.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PHH Corp), Master Repurchase Agreement (PHH Corp)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company company, mortgage lender or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an with respect to Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap Cap, the Periodic Rate Floor and the Periodic Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or a Balloon Mortgage Loandown to the nearest 0.125%), subject to the Periodic Rate Cap. The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon fixed interest rate Mortgage Note. The Due Date of the first payment on its stated maturity dateunder the Mortgage Note is no more than 60 days from the date of the Mortgage Note;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with . Other than respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal HELOCs, principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage LoanCap. Other than with respect to a HELOC, or the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or Credit Limit, with respect to a Balloon Mortgage LoanHELOC, the Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interestand/or interest (subject to an “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for Mortgage Loans identified on amortization. The Due Date of the first payment under the Mortgage Loan Schedule as a Balloon Note is no more than 60 days from the date of the Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on With respect to HELOCs, the related Mortgage Loan Schedule, Mortgagor may request advances up to the Mortgage Loan is payable on Credit Limit within the first day ten years following the date of each month and origination. Each HELOC will amortize within 30 years from the Mortgage Loan does not require a balloon payment on its stated maturity date;date of origination.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (ECC Capital CORP)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments (or payments, in the case of Option ARM Mortgage Loans) on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Rate Cap and the Periodic Rate Floor are as set forth on the related Mortgage Loan Schedule. The Mortgage Interest Rate is adjusted with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap. Unless specified on the related Mortgage Loan Schedule as an Option ARM Mortgage Loan, an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal (except for Option ARM Mortgage Loans and Mortgage Loans that provide for a fixed period of interest-only payments at the beginning of their term) and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (amortization. With respect to any Option ARM Mortgage Loan or forty years Mortgage Loan that provides for Mortgage Loans identified on a fixed period of interest-only payments at the beginning of its term, at the end of the option period or such interest-only period, as applicable, the Monthly Payment will be recalculated so as to require Monthly Payments sufficient to amortize the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)fully by its stated maturity date. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan, by its original terms or any modification thereof, does not provide for amortization beyond its scheduled maturity date. The Mortgage Loan does not require a balloon payment on its stated maturity date;”
Appears in 2 contracts
Samples: Morgan Stanley Mortgage Loan Trust 2007-15ar, Morgan Stanley Mortgage Loan Trust 2007-15ar
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on . The Seller and all other parties which have had any interest in the Mortgage Loan ScheduleLoan, whether as mortgagee, assignee, pledgee or otherwise, are (or, during the period in which they held and disposed of such interest, were) in compliance with any and all applicable “doing business” and licensing requirements of the laws of the state wherein the Mortgaged Property is located. Principal payments on the Mortgage Loan shall commence (with respect to any newly originated Mortgage Loans) or commenced no more than seventy sixty (60) days after funds were disbursed in connection with the proceeds of the Mortgage LoanLoan were disbursed. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over Loans have an original term to maturity of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan 30) years, with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is interest payable in arrears on the first day of the month. As to each month and ARM Mortgage Loan, on each applicable Adjustment Date, the Mortgage Interest Rate will be adjusted to equal the sum of the Index plus the applicable Gross Margin, rounded up or down to the nearest multiple of 0.125%; provided, however, that the Mortgage Interest Rate will not increase or decrease by more than the Initial Rate Cap on the first Adjustment Date or the Periodic Rate Cap on any subsequent Adjustment Date, and will in no event exceed the Lifetime Rate Cap. Each Mortgage Note requires a monthly payment which is sufficient (i) during the period prior to the first adjustment to the Mortgage Interest Rate, if applicable, to amortize the original principal balance fully over the original term thereof and to pay interest at the related Mortgage Interest Rate, and (ii) during the period following each Adjustment Date in the case of each ARM Mortgage Loan and each Interest-Only Mortgage Loan (following adjustment at the Interest-Only Adjustment Date), to amortize the outstanding principal balance fully as of the first day of such period over the then remaining term of such Mortgage Note and to pay interest at the related Mortgage Interest Rate. The Mortgage Note does not require permit negative amortization. Interest on the Mortgage Note is calculated on the basis of a balloon payment on its stated maturity date;360 day year consisting of twelve 30 day months. No Mortgage Loan is a Convertible Mortgage Loan. None of the Mortgage Loans are simple interest Mortgage Loans.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Jpmac 2006-Acc1), Pooling and Servicing Agreement (Jpmac 2006-Cw2)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2)
Origination; Payment Terms. The Mortgage Loan was originated by (i) a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from authority or (ii) by a correspondent mortgage banker or broker licensed or authorized to do business in the jurisdiction in which the related Mortgaged Property is located, as indicated on the Mortgage Loan Schedule, in which case the Mortgage Loan was re-underwritten by WMC prior to purchasing the Mortgage Loan in accordance with its Underwriting Guidelines in effect on the date such Mortgage Loan was originated. Principal Unless such Mortgage Loan is an Interest-Only Loan, principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified identified on the related Mortgage Loan Schedule as an interestInternet-only loan Only Loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan, unless such Mortgage Loan is an Interest-Only Loan or Balloon Mortgage Loan, fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period), the Mortgage Loan is payable on the first day of each month. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. Unless identified on the related Mortgage Loan Schedule as a Balloon Mortgage Loan, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)
Origination; Payment Terms. The Sebring Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Sebring Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Sebring Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Sebring Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on Exhibit 2 to the related Mortgage Loan ScheduleAssignment and Conveyance. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Sebring Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Sebring Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He8)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsamp Trust 2004-He2), Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-He1)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and and/or interest (subject to an “interest-only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for Mortgage Loans identified on amortization. The Due Date of the first payment under the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on Note is no more than 60 days from the related Mortgage Loan Schedule, date of the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;Note.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Origination; Payment Terms. The Decision One Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Decision One Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Decision One Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Decision One Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Decision One Mortgage Loan Schedule. Unless specified on the related Except with respect to Interest Only Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanLoans, the Mortgage Note is payable in equal monthly installments of principal and interestinterest sufficient to amortize the Decision One Mortgage Loan fully by the stated maturity date, over an original term of not more than forty (40) years from commencement of amortization with interest calculated and payable in arrears, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient . There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to amortize convert the Mortgage Loan fully by the stated maturity date, over Note from an original term of not more than thirty years from commencement of amortization (or forty years for adjustable interest rate Mortgage Loans identified on the Note to a fixed interest rate Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Decision One Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Representations and Warranties Agreement (GSAMP Trust 2006-He5)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal or interest payments on the Mortgage Loan commenced or will commence no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an with respect to Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap Cap, the Periodic Rate Floor and the Periodic Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is required to be adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan Schedule as an interest-only loan Index plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap, the Periodic Rate Floor and the Lifetime Rate Cap. Subject to a "balloon" payment in the case of a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and and/or interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate and/or Monthly Payment on each Interest Rate Adjustment Date or Monthly Payment Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity datedate (unless the Mortgage Loan is identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan), over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon fixed interest rate Mortgage Note. The Due Date of the first payment on its stated maturity dateunder the Mortgage Note is no more than sixty (60) days from the date of the Mortgage Note;
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1), Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asRate, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan ScheduleData Tape Information. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Each Mortgage Note is payable in equal monthly installments of principal and interest, except for those Mortgage Loans identified on the Data Tape Information subject to a balloon payment, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan ScheduleData Tape Information, the each Mortgage Loan is payable on the first day of each month and month. None of the Mortgage Loan does not require Loans allows for conversion of the interest rate thereon from an adjustable rate to a balloon payment on its stated maturity datefixed rate;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Ahl), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsaa Trust 2004-Nc1)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments Monthly Payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Note Interest Rate as well asis adjusted, in with respect to adjustable rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the case of an Adjustable Index plus the Gross Margin (rounded up or down to the nearest .125%), subject to the Mortgage Note Interest Rate Cap. The Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth Note is payable on the related first day of each month. Other than with respect to a Mortgage Loan Schedule. Unless specified identified on the related Mortgage Loan Schedule as an interest-interest- only loan or a Balloon Mortgage Loan, the Mortgage Note Loan is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Note Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for amortization. With respect to each Mortgage Loans Loan identified on the Mortgage Loan Schedule as a Balloon an interest-only Mortgage Loan with a forty year amortization period). Unless otherwise Loan, the interest-only period shall not exceed ten (10) years (or such other period specified on the related Mortgage Loan Schedule) and following the expiration of such interest-only period, the remaining Monthly Payments shall be sufficient to fully amortize the original principal balance over the remaining term of the Mortgage Loan is payable on and to pay interest at the first day related Mortgage Interest Rate. The term of each month and the any Mortgage Loan does shall not require a balloon payment on its stated maturity date;exceed thirty (30) years.
Appears in 2 contracts
Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedulespecified, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity datefixed interest rate Mortgage Note;
Appears in 2 contracts
Samples: Master Repurchase Agreement (First NLC Financial Services Inc), Master Repurchase Agreement (American Home Mortgage Investment Corp)
Origination; Payment Terms. The ResMAE Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No ResMAE Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal and/or interest payments on the ResMAE Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the ResMAE Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Mortgage Interest Rate Cap, are as set forth on the related ResMAE Mortgage Loan Schedule. Unless specified on Except with respect to ResMAE Mortgage Loans that are Interest Only Mortgage Loans during the related Mortgage Loan Schedule as an interest-interest only loan or a Balloon Mortgage Loanperiod, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the ResMAE Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The ResMAE Mortgage Loan is payable on the first day of each month and the month. No ResMAE Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Origination; Payment Terms. The Principal payments on the Mortgage Loan commenced no more than sixty (60) days after the funds were disbursed in connection with the Mortgage Loans. At the time the Mortgage Loan was originated by originated, the originator was a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company bank or other similar banking institution which is supervised and examined by a federal Federal or state State authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asis (a) with respect to fixed rate Mortgage Loans, the fixed interest rate set forth in the case of an Adjustable Mortgage Note and (b) with respect to ARM Mortgage Loans, adjusted on each Interest Rate Adjustment Date pursuant to the Mortgage LoanLoan Documents and rounded as required under Accepted Servicing Practices and subject to the Mortgage Interest Rate Cap, the Lifetime Periodic Rate Cap and the Periodic Cap are Lifetime Rate Cap. Except with respect to any balloon Mortgage Loan, “interest only” Mortgage Loan or Negative Amortization Mortgage Loan, each as set forth indicated on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. The Mortgage Loans identified Interest Rate, as well as the Lifetime Rate Cap, the Periodic Rate Cap and the Mortgage Interest Rate Cap, are as set forth on the Mortgage Loan Schedule as a Balloon Schedule. No ARM Mortgage Loan with a forty year amortization period). Unless otherwise specified on contains terms whereby the related Mortgage Loan Schedule, Mortgagor is permitted to convert the Mortgage Loan is payable on the first day of each month and the to a fixed rate Mortgage Loan does not require a balloon payment on its stated maturity dateLoan;
Appears in 2 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-15n), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments on the Mortgage Loan commenced no more than seventy days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Maximum Mortgage Interest Rate and the Periodic Rate Cap and the Periodic Cap Rate Floor are as set forth on the related Mortgage Loan Schedule. Unless specified on As stated in the related Mortgage Loan Schedule as an interest-only loan Note, the Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (generally rounded up or a Balloon down to the nearest 0.125%), subject to the Periodic Rate Cap. Except with respect to Interest Only Mortgage LoanLoans, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the month. The Mortgage Loan by its original terms or any modification thereof, does not require a balloon payment on provide for amortization beyond its stated scheduled maturity date;
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Origination; Payment Terms. The MLN Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No MLN Mortgage Loan contains terms or provisions which would result in negative amortization. Other than with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal interest only loans, principal payments on the MLN Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the MLN Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap if applicable, are as set forth on the related MLN Mortgage Loan Schedule. Unless specified Other than Fixed Rate Mortgage Loans based on an amortization schedule of thirty (30) years with a fifteen year maturity and Adjustable Rate Mortgage Loans with forty (40) year amortization schedule and thirty (30) year maturity which, if indicated, on the related MLN Mortgage Loan Schedule as have an interest-interest only loan or a Balloon Mortgage Loanperiod, the Mortgage Note is payable in equal monthly installments of principal and and/or interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the MLN Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The MLN Mortgage Loan is payable on the first day of each month and other than as set forth on the related MLN Mortgage Loan does not require Schedule. No MLN Mortgage Loan is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Representations and Warranties Agreement (GSAMP Trust 2006-He5)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1), Pooling and Servicing Agreement (GSAMP Trust 2007-He1)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated contains terms or provisions which would result in negative amortization. Unless otherwise noted on the Mortgage Loan Schedule. Principal , principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an with respect to Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap Cap, the Periodic Rate Floor and the Periodic Rate Cap are as set forth on Exhibit B to each related Assignment and Conveyance Agreement. The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan ScheduleIndex plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loanloan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity datedate (unless the Mortgage Loan is identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan), over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related description of pool characteristics for the applicable Mortgage Loan SchedulePackage delivered pursuant to Section 11 on the related Closing Date in the form attached as Exhibit B to each related Assignment and Conveyance Agreement, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. Unless otherwise noted on the Mortgage Loan does not require a balloon Schedule, the Due Date of the first payment on its stated maturity dateunder the Mortgage Note is no more than sixty (60) days from the date of the Mortgage Note;
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1), Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a Mortgage Loan purchased from a correspondent as indicated on material fact required to be stated therein or necessary to make the Mortgage Loan Scheduleinformation and statements therein not misleading. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate Rate, as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Rate Cap if the Mortgage Loan is an Adjustable Rate Mortgage Loan, are as set forth on the related Mortgage Loan ScheduleExhibit J and/or Exhibit K hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, interest are subject to change if the Mortgage Loan is an Adjustable Rate Mortgage Loan due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization. There is no negative amortization (or forty years for with respect to any Mortgage Loans identified on Loan. Each Convertible Mortgage Loan contains a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan Note in accordance with the terms of the Mortgage Note or a forty year amortization period). Unless otherwise specified on rider to the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity dateNote;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp), Purchase and Warranties Agreement (D&n Capital Corp)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the contains terms or provisions which would result in negative amortization. Unless such Mortgage Loan Schedule. Principal is an Interest-Only Loan, principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Exhibit I hereto. Unless such Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as is an interestInterest-Only Loan, for which monthly payments include interest only loan or a Balloon Mortgage Loanand not principal until maturity, the Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan, unless such Mortgage Loan is an Interest-Only Loan, fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for other than with respect to 40/30 Mortgage Loans). There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He1), Pooling and Servicing Agreement (GSAMP Trust 2007-H1)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal payments Monthly Payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Note Interest Rate as well asis adjusted, in with respect to adjustable rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the case of an Adjustable Index plus the Gross Margin (rounded up or down to the nearest .125%), subject to the Mortgage Note Interest Rate Cap. The Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth Note is payable on the related first day of each month. Other than with respect to a Mortgage Loan Schedule. Unless specified identified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note Loan is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Note Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for amortization. With respect to each Mortgage Loans Loan identified on the Mortgage Loan Schedule as a Balloon an interest-only Mortgage Loan with a forty year amortization period). Unless otherwise Loan, the interest-only period shall not exceed ten (10) years (or such other period specified on the related Mortgage Loan Schedule) and following the expiration of such interest-only period, the remaining Monthly Payments shall be sufficient to fully amortize the original principal balance over the remaining term of the Mortgage Loan is payable on and to pay interest at the first day related Mortgage Interest Rate. The term of each month and the any Mortgage Loan does shall not require exceed thirty (30) years. Each Non-QM Mortgage Loan is a balloon payment on its stated maturity date;fixed rate Mortgage Loan and no Non-QM Mortgage Loan is an interest-only mortgage loan.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap for an Adjustable Rate Mortgage Loan are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, except for those Mortgage Loans identified on the related Mortgage Loan Schedule subject to a balloon payment, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity datefixed interest rate Mortgage Note;;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except . Except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal HELOCs, principal and/or interest payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The With respect to Mortgage Loans other than Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans, the Mortgagor contributed from their own funds to the purchase price for the Mortgaged Property, as required by the applicable Agency. With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest 0.125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanExcept with respect to HELOCs, the Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interestand/or interest (subject to an “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;amortization.
Appears in 2 contracts
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company company, mortgage lender or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an with respect to Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap Cap, the Periodic Rate Floor and the Periodic Rate Cap are as set forth on the related Mortgage Loan Schedule. The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap. Unless specified identified on the related Mortgage Loan Schedule as an interest-interest only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as amortization. With respect to a Balloon Mortgage Loan with identified on the related Mortgage Loan Schedule, such Balloon Mortgage Loan will have an amortization schedule which will exceed the stated maturity date (currently, a forty or fifty year amortization period, as applicable, with a stated maturity date of thirty years from commencement of amortization). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. The Due Date of the first payment under the Mortgage Note is no more than 60 days from the date of the Mortgage Note. Unless identified on the related Mortgage Loan Schedule as a Balloon Mortgage Loan, the Mortgage Loan does not require a balloon payment on its stated maturity date;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)
Origination; Payment Terms. The Mortgage Loan was originated by the Seller or a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S6)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap for an Adjustable Rate Mortgage Loan are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, except for those Mortgage Loans identified on the Mortgage Loan Schedule subject to a balloon payment, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity datefixed interest rate Mortgage Note;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the a Mortgage Loan that is not a Xxxxxx Xxx Modified Loan commenced no more than seventy sixty-two (62) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate mortgage interest rate as well as, in as the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap lifetime rate cap and the Periodic Cap periodic cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate mortgage interest rate on each Interest Rate Adjustment Dateinterest rate adjustment date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedulespecified, the Mortgage Loan is payable on the first day of each month and month. There are no Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity date;fixed interest rate Mortgage Note.
Appears in 1 contract
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Rate Cap, are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for except with respect to a 40/30 Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization periodLoan). Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its Balloon Mortgage Loan that has an original stated maturity dateof less than seven (7) years;
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (GSAA Home Equity Trust 2006-16)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee Mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . The Mortgage Loan purchased from a correspondent as indicated on was originated in accordance with the Mortgage Loan ScheduleUnderwriting Guidelines. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. No Mortgage Loan has a Mortgage Note date that is prior to January 1, 2000. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are is as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon hereto (including in the case of Adjustable Rate Mortgage LoanLoans, the interest rate and payment limitations set forth on the Mortgage Loan Schedule hereto). All Mortgage Loans have Due Dates on the first day of each Month. Each Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interestinterest (other than Balloon Loans with respect to their final payment), with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears. Except with respect to any Mortgage Loan constituting a Balloon Loan, the monthly principal payments on each Mortgage Loan is sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization. There is no negative amortization (or forty years for allowed in the terms of any Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity dateNote;
Appears in 1 contract
Samples: Sale and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on a monthly basis in equal monthly installments of principal and interestand/or interest (subject to an “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for Mortgage Loans identified on amortization. The Due Date of the first payment under the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on Note is no more than 60 days from the related Mortgage Loan Schedule, date of the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;Note.
Appears in 1 contract
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interestand/or interest (subject to an “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for Mortgage Loans identified on amortization. The Due Date of the first payment under the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on Note is no more than 60 days from the related Mortgage Loan Schedule, date of the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;Note.
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan (other than a Mortgage Loan that does not provide for payment of principal for a period of twenty-four to thirty-six months after the date of origination (such Mortgage Loan, an “Interest Only Mortgage Loan”)) commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related With respect to any Mortgage Loan Schedule as other than an interest-only loan or a Balloon Interest Only Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Mortgage Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. None of the Mortgage Loans identified on allows for conversion of the Mortgage Loan Schedule as interest rate thereon from an adjustable rate to a Balloon Mortgage Loan with a forty year amortization period)fixed rate. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the a simple interest mortgage loan; Fremont 2006-B Mortgage Loan does not require a balloon payment on its stated maturity date;Purchase Agreement A-6
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Fremont Home Loan Trust 2006-B)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a Mortgage Loan purchased from a correspondent as indicated on material fact required to be stated therein or necessary to make the Mortgage Loan Scheduleinformation and statements therein not misleading. Principal payments on the each Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate Rate, as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Rate Cap if the Mortgage Loan is an Adjustable Rate Mortgage Loan, are as set forth on the related Mortgage Loan ScheduleExhibit G hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, interest are subject to change if the Mortgage Loan is an Adjustable Rate Mortgage Loan due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization. There is no negative amortization (or forty years for with respect to any Mortgage Loans identified on Loan. Each Convertible Mortgage Loan contains a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan Note in accordance with the terms of the Mortgage Note or a forty year amortization period). Unless otherwise specified on rider to the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity dateNote;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Flagstar Capital Corp)
Origination; Payment Terms. The Mortgage Loan was originated by or in connection with a Seller or by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 203B and 211 of the National Housing Act, Act or a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except . Other than with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal Interest-Only Loans, principal payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asis adjusted, in with respect to the case of an Adjustable Rate Mortgage LoanLoans, on each Interest Rate Adjustment Date to equal the Lifetime Rate Cap and applicable index plus the Periodic Cap are as set forth on Gross Margin (rounded up or down to nearest 0.125%), subject to the related Maximum Mortgage Loan ScheduleInterest Rate. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage LoanOther than with respect to Interest Only Loans, the Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty forty (40) years from commencement of amortization (or forty years for amortization. The Mortgage Loans Note has the terms identified on in the applicable Mortgage Loan Schedule. The due date of the first payment under the Mortgage Note is no more than sixty (60) days from the date of the Mortgage Note. No Mortgage Loan Schedule as is a Convertible Mortgage Loan. The Mortgage Loan shall pay installments of interest at the Mortgage Interest Rate. In the case of a Balloon Mortgage Loan with Loan, monthly payments are based on a forty fifteen (15) or thirty (30) year amortization period). Unless otherwise specified on schedule, as set forth in the related Mortgage Note, and a final monthly payment substantially greater than the preceding monthly payment which is sufficient to amortize the remaining principal balance of the Balloon Loan Schedule, and to pay interest at the related Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity dateInterest Rate;
Appears in 1 contract
Samples: Master Repurchase Agreement (Impac Mortgage Holdings Inc)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an with respect to Adjustable Rate Mortgage LoanLoans, the Lifetime Rate Cap Cap, the Periodic Rate Floor and the Periodic Rate Cap are as set forth on Exhibit B to each related Assignment and Conveyance Agreement. The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Mortgage Loan ScheduleIndex plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Periodic Rate Cap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity datedate (unless the Mortgage Loan is identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan), over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related description of pool characteristics for the applicable Mortgage Loan SchedulePackage delivered pursuant to Section 11 on the related Closing Date in the form attached as Exhibit B to each related Assignment and Conveyance Agreement, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon fixed interest rate Mortgage Note. The Due Date of the first payment on its stated maturity dateunder the Mortgage Note is no more than 60 days from the date of the Mortgage Note;
Appears in 1 contract
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the a Mortgage Loan that is not a Xxxxxx Xxx Modified Loan commenced no more than seventy [***] days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate mortgage interest rate as well as, in as the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap lifetime rate cap and the Periodic Cap periodic cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate mortgage interest rate on each Interest Rate Adjustment Dateinterest rate adjustment date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedulespecified, the Mortgage Loan is payable on the first day of each month and month. There are no Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity date;fixed interest rate Mortgage Note.
Appears in 1 contract
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an Except with respect to interest-only loan or a Balloon mortgage loans set forth on the Mortgage LoanLoan Schedule, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. There are no Convertible Mortgage Loans identified on which contain a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan with a forty year amortization period)Note. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and interest payments on the Mortgage Loan commenced no more than seventy days [***] after funds were disbursed in connection with the Mortgage Loan. No Mortgage Loan has a balloon payment feature. The Mortgagor contributed at least [***] of the purchase price for the Mortgaged Property from their own funds, except as permitted under the applicable Underwriting Guidelines. Interest on the Mortgage Loan is calculated on the basis of a 360day year consisting of twelve 30day months. With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the index plus the fixed percentage amount, in the each case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on in the related Mortgage Loan Schedule. Unless specified Note (rounded up or down to the nearest [***]), subject to the limit on each Mortgage Interest Rate adjustment as set forth in the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Note. The Mortgage Note is payable on the [***] in equal monthly installments of principal and interest, which installments of interest, interest with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, Date with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years [***] from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity date;amortization.
Appears in 1 contract
Samples: Master Repurchase Agreement (Finance of America Companies Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and/or interest (subject to a balloon payment in the case of a 30/40 Mortgage Loan and interestan “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for except with respect to any 30/40 Mortgage Loans identified on the Loans). No 30/40 Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require has a balloon payment on its stated maturity due prior to the date which is 15 years following the origination date;. The Due Date of the first payment under the Mortgage Note is no more than 60 days from the date of the Mortgage Note.
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a Mortgage Loan purchased from a correspondent as indicated on material fact required to be stated therein or necessary to make the Mortgage Loan Scheduleinformation and statements therein not misleading. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate Rate, as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Rate Cap if the Mortgage Loan is an ARM Loan, are as set forth on the related Mortgage Loan ScheduleExhibit H hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, interest are subject to change if the Mortgage Loan is an ARM Loan due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization. There is no negative amortization (or forty years for with respect to any Mortgage Loans identified on Loan. Each Convertible Mortgage Loan contains a provision allowing the Mortgagor to convert the Mortgage Loan Schedule as Note from an adjustable interest rate Mortgage Note to a Balloon fixed interest rate Mortgage Loan Note in accordance with the terms of the Mortgage Note or a forty year amortization period). Unless otherwise specified on rider to the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity dateNote;
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Chevy Chase Preferred Capital Corp)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest .125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and/or interest (subject to a balloon payment in the case of a 30/40 Mortgage Loan and interestan “interest only” period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for except with respect to any 30/40 Mortgage Loans identified on the Loans). No 30/40 Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require has a balloon payment on its stated maturity due prior to the date which is 15 years following the origination date;. The Due Date of the first payment under the Mortgage Note is no more than 60 days from the date of the Mortgage Note.”
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
Origination; Payment Terms. The Mortgage Loan was originated by or in conjunction with a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar banking institution which is supervised and examined by a federal or state authority, except with respect to a Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedule. Principal and/or interest payments on the Mortgage Loan commenced no more than seventy 60 days after funds were disbursed in connection with the Mortgage Loan. The With respect to adjustable rate Mortgage Loans, the Mortgage Interest Rate as well asis adjusted on each Interest Rate Adjustment Date to equal the Index plus the Gross Margin (rounded up or down to the nearest ..125%), in subject to the case of an Adjustable Mortgage Interest Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan ScheduleCap. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable on the first day of each month in equal monthly installments of principal and/or interest (subject to a balloon payment in the case of a 30/40 Mortgage Loan and interestsubject to an "interest only" period in the case of Interest Only Loans), which installments of interest, interest (a) with respect to Adjustable Rate adjustable rate Mortgage Loans, Loans are subject to change on the Interest Rate Adjustment Date due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date and (b) with respect to Interest Only Loans are subject to change on the Interest Only Adjustment Date due to adjustments to the Mortgage Interest Rate on each Interest Only Adjustment Date, in both cases with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty 30 years from commencement of amortization (or forty years for except with respect to any 30/40 Mortgage Loans identified on the Loans). No 30/40 Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require has a balloon payment on its stated maturity due prior to the date which is 15 years following the origination date;. The Due Date of the first payment under the Mortgage Note is no more than 60 days from the date of the Mortgage Note.
Appears in 1 contract
Samples: Chimera Investment Corp
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on in the related Mortgage Loan Schedule. Unless specified The Mortgage Interest Rate is adjusted, with respect to Adjustable Rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the related Index plus the Gross Margin (rounded up or down to the nearest 0.125%), subject to the Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Interest Rate Cap. The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the Mortgage Loan is payable on the first day of each month and month. There are no convertible mortgage loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon fixed interest rate Mortgage Note. The Due Date of the first payment on its stated maturity dateunder the Mortgage Note is no more than 60 days from the date of the Mortgage Note;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty (60) days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest (other than for interest-only Mortgage Loans, which have initial periods where no principal is owed by the mortgagor), which installments of interest, with respect to Adjustable Rate Mortgage ARM Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty (30) years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity date;of less than seven (7) years. No Mortgage Loan is a “high cost home,” “covered” (excluding home loans defined as “covered home loans” in the New Jersey Home Ownership Security Act of 2002 that were originated between November 26, 2003 and July 7, 2004), “high risk home” or “predatory” loan under any applicable state, federal or local law (or a similarly classified loan using different terminology under a law imposing heightened regulatory scrutiny or additional legal liability for residential mortgage loans having high interest rates, points and/or fees):
Appears in 1 contract
Samples: Sale and Servicing Agreement (STARM Mortgage Loan Trust 2007-4)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Scheduledescription of pool characteristics attached as Exhibit J hereto, the Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity datefixed interest rate Mortgage Note;
Appears in 1 contract
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. Other than with respect to a an Option ARM Mortgage Loan, no Mortgage Loan purchased from a correspondent as indicated contains terms or provisions which would result in negative amortization. For any Option ARM Mortgage Loan, the maximum negative amortization cap on the such Mortgage Loan Scheduleis 125%. Principal Other than Option ARM Mortgage Loans and HELOCs, principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap are as set forth on the related Mortgage Loan Asset Schedule. Unless specified on the related Mortgage Loan Schedule as Other than with respect to an interest-only loan or a Balloon Option ARM Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interestand/or interest (other than interest only Mortgage Loans for which the Mortgage Note may provide for monthly installments of interest only for a period of up to 180 months following origination), which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty forty years from commencement of amortization (or forty years for Mortgage Loans identified on the amortization. Each Mortgage Loan Schedule as has an original term to maturity of less than forty years. Other than an Option ARM Mortgage Loan, no Mortgage Loan is a Balloon Mortgage Loan Loan. The Mortgage Interest Rate is adjusted, with a forty respect to adjustable rate Mortgage Loans, on each Interest Rate Adjustment Date to equal the index (which such index may be one year amortization periodLIBOR, six month LIBOR, one month LIBOR, twelve month Monthly Treasury Average, or the Cost of Funds Index) plus the gross margin (rounded up or down to the nearest ..125% or as provided by the related Mortgage Note), subject to the Mortgage Interest Rate Cap. Unless otherwise specified on the related Mortgage Loan Schedulespecified, the Mortgage Loan is payable on the first day of each month and month. There are no convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity datefixed interest rate Mortgage Note;
Appears in 1 contract
Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asRate, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless All Mortgage Loans have Due Dates on the first day of each month except as specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Schedule. Each Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, arrears and is not calculated on a simple interest basis. The monthly principal payments on each Mortgage Loan is sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for amortization. None of the Mortgage Loans identified on allows for negative amortization or the Mortgage Loan Schedule as conversion of the interest rate thereon from an adjustable rate to a Balloon Mortgage Loan with fixed rate or from a forty year amortization period). Unless otherwise specified on the related Mortgage Loan Schedule, the fixed rate to an adjustable rate; No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pass THR Cert Ser 2003-Fm1)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan (other than a Mortgage Loan that does not provide for payment of principal for a period of twenty-four to thirty-six months after the date of origination (such Mortgage Loan, an “Interest Only Mortgage Loan”)) commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related With respect to any Mortgage Loan Schedule as other than an interest-only loan or a Interest Only Mortgage Loan and Balloon Mortgage Loan, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Mortgage Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a amortization. Each Balloon Mortgage Loan with has on original term to maturity of 30 years and an amortization schedule of 40 years. None of the Mortgage Loans allows for conversion of the interest rate thereon from an adjustable rate to a forty year amortization period)fixed rate. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the a simple interest mortgage loan; Fremont 2006-C Mortgage Loan does not require a balloon payment on its stated maturity date;Purchase Agreement
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-C)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan (other than a Mortgage Loan that does not provide for payment of principal for a period of twenty-four to thirty-six months after the date of origination (such Mortgage Loan, an “Interest Only Mortgage Loan”)) commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related With respect to any Mortgage Loan Schedule as other than an interest-only loan or a Interest Only Mortgage Loan and Balloon Mortgage LoanLoans, the Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Mortgage Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a amortization. Each Balloon Mortgage Loan with has an original term to maturity of 30 years and an amortization schedule of 40 years. None of the Mortgage Loans allows for conversion of the interest rate thereon from an adjustable rate to a forty year amortization period)fixed rate. Unless otherwise specified on the related Mortgage Loan Schedule, the No Mortgage Loan is payable on the first day of each month and the Mortgage Loan does not require a balloon payment on its stated maturity datesimple interest mortgage loan;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-A)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority, except with respect to a . No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well asRate, in the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap and the Periodic Mortgage Interest Rate Cap are as set forth on the related Mortgage Loan ScheduleData Tape Information. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the Each Mortgage Note is payable in equal monthly installments of principal and interest, except for those Mortgage Loans identified on the Data Tape Information subject to a balloon payment, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrearscalculated, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan ScheduleData Tape Information, the each Mortgage Loan is payable on the first day of each month and month. None of the Mortgage Loan does not require Loans allows for conversion of the interest rate thereon from an adjustable rate to a balloon payment on its stated maturity datefixed rate;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Origination; Payment Terms. The Except with respect to a Correspondent Mortgage Loan, the Mortgage Loan was originated by or in conjunction with Seller. Seller is a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate mortgage interest rate as well as, in as the case of an Adjustable Rate Mortgage Loan, the Lifetime Rate Cap lifetime rate cap and the Periodic Cap periodic cap are as set forth on the related Mortgage Loan Schedule. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate adjustable rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate mortgage interest rate on each Interest Rate Adjustment Dateinterest rate adjustment date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedulespecified, the Mortgage Loan is payable on the first day of each month and month. There are no Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Loan does not require Note from an adjustable interest rate Mortgage Note to a balloon payment on its stated maturity date;fixed interest rate Mortgage Note.
Appears in 1 contract
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)
Origination; Payment Terms. The Mortgage Loan was originated by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to Sections 203 and 211 of the National Housing Act, a savings and loan association, a savings bank, a commercial bank, credit union, insurance company or other similar institution which is supervised and examined by a federal or state authority. The documents, except with respect instruments and agreements submitted for loan underwriting were not falsified and contain no untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the information and statements therein not misleading. No Mortgage Loan purchased from a correspondent as indicated on the Mortgage Loan Schedulecontains terms or provisions which would result in negative amortization. Principal payments on the Mortgage Loan commenced no more than seventy sixty days after funds were disbursed in connection with the Mortgage Loan. The Mortgage Interest Rate as well as, in the case of an Adjustable Rate Mortgage Loan, as the Lifetime Rate Cap and the Periodic Cap Rate Cap, are as set forth on the related Mortgage Loan ScheduleExhibit K hereto. Unless specified on the related Mortgage Loan Schedule as an interest-only loan or a Balloon Mortgage Loan, the The Mortgage Note is payable in equal monthly installments of principal and interest, which installments of interest, with respect to Adjustable Rate Mortgage Loans, are subject to change due to the adjustments to the Mortgage Interest Rate on each Interest Rate Adjustment Date, with interest calculated and payable in arrears, sufficient to amortize the Mortgage Loan fully by the stated maturity date, over an original term of not more than thirty years from commencement of amortization (or forty years for Mortgage Loans identified on the Mortgage Loan Schedule as a Balloon Mortgage Loan with a forty year amortization period)amortization. Unless otherwise specified on the related Mortgage Loan Schedule, the The Mortgage Loan is payable on the first day of each month and month. There are no Convertible Mortgage Loans which contain a provision allowing the Mortgagor to convert the Mortgage Note from an adjustable interest rate Mortgage Note to a fixed interest rate Mortgage Note. No Mortgage Loan does not require is a balloon payment on its mortgage loan that has an original stated maturity dateof less than seven (7) years;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1)