Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of Servicer, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.16, Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller shall at any time after the related Closing Date notify Servicer in writing of its desire to obtain any such Credit Enhancement, the Seller and Servicer shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 4 contracts
Samples: Assignment, Assumption and Recognition Agreement (HASCO Trust 2007-He2), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2007-He1), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He2)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.2(cc), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of Servicer, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.16, Servicer shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller shall at any time after the related Closing Date notify Servicer in writing of its desire to obtain any such Credit Enhancement, the Seller and Servicer shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 3 contracts
Samples: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3), Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2), Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar1)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “"Credit Enhancement”"), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 3 contracts
Samples: Assignment, Assumption and Recognition Agreement (Banc of America Funding 2007-4 Trust), Assignment, Assumption and Recognition Agreement (Banc of America Funding Corp), Assignment, Assumption and Recognition Agreement (Banc of America Funding 2007-3 Trust)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; and (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Servicing Agreement (Sequoia Residential Funding Inc), Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2006-1)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc), issued by an insurer described in that Section, a Qualified Insurer with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. The related PMI Policy for any LPMI Loan also shall be maintained in accordance with the applicable provisions of this paragraph. Unless otherwise provided in the related Purchase Confirmationpurchase confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement. In connection with its activities as servicer, Countrywide agrees to prepare and present, on behalf of itself and the Purchaser, claims to the insurer under any PMI Policy in a timely fashion in accordance with the terms of such PMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy respecting a defaulted Mortgage Loan.
Appears in 2 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc)3.02(v) of the Purchase Agreement, issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer or Countrywide, as applicable, will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of Servicer, Countrywide would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.163.16 herein, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “"Credit Enhancement”"), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2007-Aa5)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer the Company shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that which are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by Property and the FHA, mortgage insurance premiums, status of PMI Policy premiums and (d) fire and hazard insurance premiums. Servicer coverage and shall obtain, from time to time, all bills for the payment of such charges, including insurance renewal premiums, premiums and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using allowable, employing for such purpose deposits of the Mortgagor in the Escrow Payments Account or the Company’s escrow account, as applicable, which shall have been estimated and accumulated by Servicer the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or otherwise pursuant to Applicable Law. To the extent that the Mortgage does not provide for Escrow Payments, Servicer the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer The Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments, Payments and shall make advances from its own funds Servicing Advances to effect such paymentspayments and such amounts shall not be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Servicer will The obligation of the Company to make such Servicing Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Mortgage Loan or REO Property, shall continue until a Final Recovery Determination in connection therewith; provided that, notwithstanding anything herein to the contrary, no Servicing Advance shall be required to be made hereunder by the Company if such Servicing Advance would, if made, constitute a Nonrecoverable Servicing Advance. The determination by the Company that it has made a Nonrecoverable Servicing Advance or that any proposed Servicing Advance, if made, would constitute a Nonrecoverable Servicing Advance, shall be evidenced by an Officer’s Certificate delivered to the Purchaser. The Company shall maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc)Policy, issued by an insurer described in that Sectiona Qualified Insurer, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will shall be maintained until the LTV or the Updated LTV Loan-to-Value Ratio of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%that amount for which Fxxxxx Mxx no longer requires such insurance to be maintained. Servicer The Company will not cancel or refuse to renew any PMI Policy in effect on the related Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy for such cancelled or non-renewed policy is obtained from and maintained with an insurer that is approved by an Agencya Qualified Insurer. Servicer The Company shall not take any action that which would result in non-coverage under any applicable PMI Policy of any loss thatwhich, but for the actions of Servicerthe Company, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.18, Servicer the Company shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that which may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer the Company shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in In connection with its activities as servicer, the related Purchase ConfirmationCompany agrees to prepare and present, no Mortgage Loan has in effect as on behalf of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policyitself, and the insurance or guarantee relating theretoPurchaser, as applicable (excluding claims to the insurer under any PMI Policy in a timely fashion in accordance with the terms of such exceptionpolicies and, the “Credit Enhancement”)in this regard, and Servicer shall not be required to take into consideration such action as shall be necessary to permit recovery under any PMI Policy respecting a defaulted Mortgage Loan. Pursuant to Section 4.04, any amounts collected by the existence of Company under any such Credit Enhancement for PMI Policy shall be deposited in the purposes of performing its servicing obligations hereunder. If the Seller shall at any time after the related Closing Date notify Servicer in writing of its desire Custodial Account, subject to obtain any such Credit Enhancement, the Seller and Servicer shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancementwithdrawal pursuant to Section 4.05.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Interim Servicing Agreement (Five Oaks Investment Corp.)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; and (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.2(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%, unless otherwise required by applicable law. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an AgencyXxxxxx Xxx. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. Countrywide will, as applicable and necessary, prepare and present, on behalf of itself and the Purchaser, claims under any PMI Policy in accordance with the terms thereof. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder, unless such Credit Enhancement is provided for in the related Trade Confirmation and then to the extent set forth therein. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 1 contract
Samples: Servicing Agreement (Zuni 2006-Oa1)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. The related PMI Policy for any LPMI Loan also shall be maintained in accordance with the applicable provisions of this paragraph. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement. In connection with its activities as servicer, Countrywide agrees to prepare and present, on behalf of itself and the Purchaser, claims to the insurer under any PMI Policy in a timely fashion in accordance with the terms of such PMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any PMI Policy respecting a defaulted Mortgage Loan.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Payment of Taxes, Insurance and Other Charges; Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges that are or may become a lien upon the Mortgaged Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and (d) fire and hazard insurance premiums. Servicer Countrywide shall obtain, from time to time, all bills for the payment of such charges, including renewal premiums, and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable using Escrow Payments which shall have been estimated and accumulated by Servicer Countrywide in amounts sufficient for such purposes. To the extent that the Mortgage does not provide for Escrow Payments, Servicer Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills, irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and shall make advances from its own funds to effect such payments. Servicer Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the description set forth in Section 3.4(cc3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Servicer Countrywide will not cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Servicer Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for the actions of ServicerCountrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 5.164.16, Servicer Countrywide shall promptly notify the insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions that may be required by such insurer as a condition to the continuation of coverage under the PMI Policy. If such PMI Policy is terminated as a result of such assumption or substitution of liability, Servicer Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, LPMI Policy, MIC or LGC and the insurance or guarantee relating thereto, as applicable (excluding such exception, the “Credit Enhancement”), and Servicer Countrywide shall not be required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Seller related Purchaser shall at any time after the related Closing Date notify Servicer Countrywide in writing of its desire to obtain any such Credit Enhancement, the Seller such Purchaser and Servicer Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent 2006-5)