Common use of Points and Fees Clause in Contracts

Points and Fees. No borrower under a mortgage loan in the trust was charged “points and fees” in an amount greater than (a) $1,000 or (b) 5% of the principal amount of such mortgage loan, whichever is greater. For purposes of this representation, “points and fees” (x) include origination, underwriting, broker and finder’s fees and charges that the lender imposed as a condition of making the mortgage loan, whether they are paid to the lender or a third party; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the mortgage (such as attorneys’ fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections); the cost of mortgage insurance or credit-risk price adjustments; the costs of title, hazard, and flood insurance policies; state and local transfer taxes or fees; escrow deposits for the future payment of taxes and insurance premiums; and other miscellaneous fees and charges that, in total, do not exceed 0.25 percent of the loan amount. EXHIBIT K INDEMNIFICATION AGREEMENT Indemnification Agreement dated as of ___________, 200__ (the “Agreement”) between Xxxxx Fargo Bank, N.A. (“Company”), ___________ (the “Trust/Issuer” and _____________________ (the “Depositor”). Reference is made to the issuance of ____________________, Series ________, Asset-Backed Certificates (the “Certificates”), pursuant to a [Pooling and Servicing Agreement or Trust Agreement], dated as of _______________ (the “[Pooling and Servicing Agreement/Trust Agreement”), among the Depositor as depositor, _________________ as master servicer and _____________________ as trustee. The Depositor will sell certain of the Certificates to _______________ (the “Underwriter”) for offer and sale pursuant to the terms of an Underwriting Agreement, dated ______________, ____, between the Depositor and the Underwriter. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Reference is also made to the information provided by the Company contained in the Prospectus Supplement, under the caption, “The Originators—_____________” and “The Servicer—“__________” and any information furnished by the Company to facilitate the Purchaser’s compliance with Regulation AB of the Securities Act of 1933, as amended from time to time, and included in or incorporated by reference in the Prospectus Supplement (collectively, the “Company Information”).

Appears in 4 contracts

Samples: Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

AutoNDA by SimpleDocs

Points and Fees. No borrower under a mortgage loan in the trust was charged “points and fees” in an amount greater than (a) $1,000 or (b) 5% of the principal amount of such mortgage loan, whichever is greater. For purposes of this representation, “points and fees” (x) include origination, underwriting, broker and finder’s fees and charges that the lender imposed as a condition of making the mortgage loan, whether they are paid to the lender or a third party; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the mortgage (such as attorneys’ fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections); the cost of mortgage insurance or credit-risk price adjustments; the costs of title, hazard, and flood insurance policies; state and local transfer taxes or fees; escrow deposits for the future payment of taxes and insurance premiums; and other miscellaneous fees and charges that, in total, do not exceed 0.25 percent of the loan amount. EXHIBIT K INDEMNIFICATION AGREEMENT Indemnification Agreement dated as of ___________, 200__ (the “Agreement”) between Xxxxx Wxxxx Fargo Bank, N.A. (“Company”), ___________ (the “Trust/Issuer” and _____________________ (the “Depositor”). Reference is made to the issuance of ____________________, Series ________, Asset-Backed Certificates (the “Certificates”), pursuant to a [Pooling and Servicing Agreement or Trust Agreement], dated as of _______________ (the “[Pooling and Servicing Agreement/Trust Agreement”), among the Depositor as depositor, _________________ as master servicer and _____________________ as trustee. The Depositor will sell certain of the Certificates to _______________ (the “Underwriter”) for offer and sale pursuant to the terms of an Underwriting Agreement, dated ______________, ____, between the Depositor and the Underwriter. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Reference is also made to the information provided by the Company contained in the Prospectus Supplement, under the caption, “The Originators—______________” and “The Servicer—“__________” and any information furnished by the Company to facilitate the Purchaser’s compliance with Regulation AB of the Securities Act of 1933, as amended from time to time, and included in or incorporated by reference in the Prospectus Supplement (collectively, the “Company Information”).

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Points and Fees. No borrower under a mortgage loan in the trust was charged "points and fees" in an amount greater than (a) $1,000 or (b) 5% of the principal amount of such mortgage loan, whichever is greater. For purposes of this representation, "points and fees" (x) include origination, underwriting, broker and finder’s 's fees and charges that the lender imposed as a condition of making the mortgage loan, whether they are paid to the lender or a third party; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the mortgage (such as attorneys' fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections); the cost of mortgage insurance or credit-risk price adjustments; the costs of title, hazard, and flood insurance policies; state and local transfer taxes or fees; escrow deposits for the future payment of taxes and insurance premiums; and other miscellaneous fees and charges that, in total, do not exceed 0.25 percent of the loan amount. EXHIBIT K --------- INDEMNIFICATION AGREEMENT Indemnification Agreement dated as of ___________, 200__ (the "Agreement") between Xxxxx Wells Fargo Bank, N.A. ("Company"), ___________ (the "Trust/Issuer” and Issuxx" xnd _____________________ (the "Depositor"). Reference is made to the issuance of ____________________, Series ________, Asset-Backed Certificates (the "Certificates"), pursuant to a [Pooling and Servicing Agreement or Trust Agreement], dated as of _______________ (the "[Pooling and Servicing Agreement/Trust Agreement"), among the Depositor as depositor, _________________ as master servicer and _____________________ as trustee. The Depositor will sell certain of the Certificates to _______________ (the "Underwriter") for offer and sale pursuant to the terms of an Underwriting Agreement, dated ______________, ____, between the Depositor and the Underwriter. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Reference is also made to the information provided by the Company contained in the Prospectus Supplement, under the caption, “The Originators—_____________” and “The Servicer—“__________” and any information furnished by the Company to facilitate the Purchaser’s compliance with Regulation AB of the Securities Act of 1933, as amended from time to time, and included in or incorporated by reference in the Prospectus Supplement (collectively, the “Company Information”).

Appears in 1 contract

Samples: Indemnification Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

Points and Fees. No borrower under a mortgage loan in the trust was charged "points and fees" in an amount greater than (a) $1,000 or (b) 5% of the principal amount of such mortgage loan, whichever is greater. For purposes of this representation, "points and fees" (x) include origination, underwriting, broker and finder’s 's fees and charges that the lender imposed as a condition of making the mortgage loan, whether they are paid to the lender or a third party; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the mortgage (such as attorneys' fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections); the cost of mortgage insurance or credit-risk price adjustments; the costs of title, hazard, and flood insurance policies; state and local transfer taxes or fees; escrow deposits for the future payment of taxes and insurance premiums; and other miscellaneous fees and charges that, in total, do not exceed 0.25 percent of the loan amount. EXHIBIT K INDEMNIFICATION AGREEMENT Indemnification Agreement dated as of ___________, 200__ (the "Agreement") between Xxxxx Wells Fargo Bank, N.A. ("Company"), ___________ (the "Trust/Issuer” and " xxx _____________________ (the "Depositor"). Reference is made to the issuance of ____________________, Series ________, Asset-Backed Certificates (the "Certificates"), pursuant to a [Pooling and Servicing Agreement or Trust Agreement], dated as of _______________ (the "[Pooling and Servicing Agreement/Trust Agreement"), among the Depositor as depositor, _________________ as master servicer and _____________________ as trustee. The Depositor will sell certain of the Certificates to _______________ (the "Underwriter") for offer and sale pursuant to the terms of an Underwriting Agreement, dated ______________, ____, between the Depositor and the Underwriter. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Reference is also made to the information provided by the Company contained in the Prospectus Supplement, under the caption, “The Originators—_____________” and “The Servicer—“__________” and any information furnished by the Company to facilitate the Purchaser’s compliance with Regulation AB of the Securities Act of 1933, as amended from time to time, and included in or incorporated by reference in the Prospectus Supplement (collectively, the “Company Information”).

Appears in 1 contract

Samples: And Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

AutoNDA by SimpleDocs

Points and Fees. No borrower under a mortgage loan in the trust was charged "points and fees" in an amount greater than (a) $1,000 or (b) 5% of the principal amount of such mortgage loan, whichever is greater. For purposes of this representation, "points and fees" (x) include origination, underwriting, broker and finder’s 's fees and charges that the lender imposed as a condition of making the mortgage loan, whether they are paid to the lender or a third party; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the mortgage (such as attorneys' fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections); the cost of mortgage insurance or credit-risk price adjustments; the costs of title, hazard, and flood insurance policies; state and local transfer taxes or fees; escrow deposits for the future payment of taxes and insurance premiums; and other miscellaneous fees and charges that, in total, do not exceed 0.25 percent of the loan amount. EXHIBIT K INDEMNIFICATION AGREEMENT Indemnification Agreement dated as of ___________, 200__ (the "Agreement") between Xxxxx Wells Fargo Bank, N.A. ("Company"), ___________ (the "Trust/Issuer” and Issuex" xxd _____________________ (the "Depositor"). Reference is made to the issuance of ____________________, Series ________, Asset-Backed Certificates (the "Certificates"), pursuant to a [Pooling and Servicing Agreement or Trust Agreement], dated as of _______________ (the "[Pooling and Servicing Agreement/Trust Agreement"), among the Depositor as depositor, _________________ as master servicer and _____________________ as trustee. The Depositor will sell certain of the Certificates to _______________ (the "Underwriter") for offer and sale pursuant to the terms of an Underwriting Agreement, dated ______________, ____, between the Depositor and the Underwriter. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Reference is also made to the information provided by the Company contained in the Prospectus Supplement, under the caption, “The Originators—_____________” and “The Servicer—“__________” and any information furnished by the Company to facilitate the Purchaser’s compliance with Regulation AB of the Securities Act of 1933, as amended from time to time, and included in or incorporated by reference in the Prospectus Supplement (collectively, the “Company Information”).

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)

Points and Fees. No borrower under a mortgage loan in the trust was charged "points and fees" in an amount greater than (a) $1,000 or (b) 5% of the principal amount of such mortgage loan, whichever is greater. For purposes of this representation, "points and fees" (x) include origination, underwriting, broker and finder’s 's fees and charges that the lender imposed as a condition of making the mortgage loan, whether they are paid to the lender or a third party; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the mortgage (such as attorneys' fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections); the cost of mortgage insurance or credit-risk price adjustments; the costs of title, hazard, and flood insurance policies; state and local transfer taxes or fees; escrow deposits for the future payment of taxes and insurance premiums; and other miscellaneous fees and charges that, in total, do not exceed 0.25 percent of the loan amount. EXHIBIT K INDEMNIFICATION AGREEMENT Indemnification Agreement dated as of ___________, 200__ (the "Agreement") between Xxxxx Wells Fargo Bank, N.A. ("Company"), ___________ (the "Trust/Issuer” and Issuxx" xnd _____________________ (the "Depositor"). Reference is made to the issuance of ____________________, Series ________, Asset-Backed Certificates (the "Certificates"), pursuant to a [Pooling and Servicing Agreement or Trust Agreement], dated as of _______________ (the "[Pooling and Servicing Agreement/Trust Agreement"), among the Depositor as depositor, _________________ as master servicer and _____________________ as trustee. The Depositor will sell certain of the Certificates to _______________ (the "Underwriter") for offer and sale pursuant to the terms of an Underwriting Agreement, dated ______________, ____, between the Depositor and the Underwriter. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Reference is also made to the information provided by the Company contained in the Prospectus Supplement, under the caption, “The Originators—_____________” and “The Servicer—“__________” and any information furnished by the Company to facilitate the Purchaser’s compliance with Regulation AB of the Securities Act of 1933, as amended from time to time, and included in or incorporated by reference in the Prospectus Supplement (collectively, the “Company Information”).

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)

Time is Money Join Law Insider Premium to draft better contracts faster.