Common use of Purchase and Sale of Mortgage Loans; Deposit of Derivatives Clause in Contracts

Purchase and Sale of Mortgage Loans; Deposit of Derivatives. (a) The Sponsor hereby directs the Depositor to sell, transfer, assign, set over and convey, and the Depositor does hereby sell, transfer, assign, set over and convey to the Issuer, in each case without recourse, but subject to the terms and provisions of this Agreement, all of the right, title and interest of the Depositor in and to the Mortgage Loans, including the Cut-Off Date Principal Balance of, and interest due on, such Mortgage Loans listed on Schedule I attached hereto, and all other assets included or to be included in the Trust Estate (other than the Swap Agreement, which is being entered into directly by the Issuer). (b) The Depositor may cause the deposit of derivatives at any time into the Accredited Mortgage Loan Trust 2005-3 and any such deposited derivatives shall become part of the Trust Estate. (c) The parties hereto understand and agree that it is not intended that any Mortgage Loan be included in the Issuer that is a “High-Cost Home Loan” as defined by HOEPA or any other applicable predatory or abusive lending laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-3)

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Purchase and Sale of Mortgage Loans; Deposit of Derivatives. (a) The Sponsor hereby directs the Depositor Seller to sell, transfer, assign, set over and convey, and the Depositor Seller does hereby sell, transfer, assign, set over and convey to the IssuerTrust, in each case without recourse, but subject to the terms and provisions of this Agreement, all of the right, title and interest of the Depositor Seller in and to the Mortgage Loans, including the Cut-Off Date Principal Balance of, and interest due on, such Mortgage Loans listed on Schedule I attached hereto, and all other assets included or to be included in the Trust Estate (other than the Swap Agreement, which is being entered into directly by the Issuer)Estate. (b) The Depositor Seller may cause the deposit of derivatives at any time into the Accredited Mortgage Loan Trust 2005-3 2 and any such deposited derivatives shall become part of the Trust Estate. (c) The parties hereto understand and agree that it is not intended that any Mortgage Loan be included in the Issuer Trust that is a “High-Cost Home Loan” as defined by HOEPA or any other applicable predatory or abusive lending laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-2)

Purchase and Sale of Mortgage Loans; Deposit of Derivatives. (a) The Sponsor hereby directs the Depositor to sell, transfer, assign, set over and convey, and the Depositor does hereby sell, transfer, assign, set over and convey to the Issuer, in each case without recourse, but subject to the terms and provisions of this Agreement, all of the right, title and interest of the Depositor in and to the Mortgage Loans, including the Cut-Off Date Principal Balance of, and interest due on, such Mortgage Loans listed on Schedule I attached hereto, and all other assets included or to be included in the Trust Estate (other than the Swap Agreement, which is being entered into directly by the Issuer). (b) The Depositor may cause the deposit of derivatives at any time into the Accredited Mortgage Loan Trust 2005-3 4 and any such deposited derivatives shall become part of the Trust Estate. (c) The parties hereto understand and agree that it is not intended that any Mortgage Loan be included in the Issuer that is a “High-Cost Home Loan” as defined by HOEPA or any other applicable predatory or abusive lending laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-4)

Purchase and Sale of Mortgage Loans; Deposit of Derivatives. (a) The Sponsor hereby directs the Depositor Seller to sell, transfer, assign, set over and convey, and the Depositor Seller does hereby sell, transfer, assign, set over and convey to the IssuerTrust, in each case without recourse, but subject to the terms and provisions of this Agreement, all of the right, title and interest of the Depositor Seller in and to the Mortgage Loans, including the Cut-Off Date Principal Balance of, and interest due on, such Mortgage Loans listed on Schedule I attached hereto, and all other assets included or to be included in the Trust Estate (other than the Swap Agreement, which is being entered into directly by the Issuer)Estate. (b) The Depositor Seller may cause the deposit of derivatives at any time into the Accredited Mortgage Loan Trust 2005-3 1 and any such deposited derivatives shall become part of the Trust Estate. (c) The parties hereto understand and agree that it is not intended that any Mortgage Loan be included in the Issuer Trust that is a “High-Cost Home Loan” as defined by HOEPA or any other applicable predatory or abusive lending laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-1)

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Purchase and Sale of Mortgage Loans; Deposit of Derivatives. (a) The Sponsor hereby directs the Depositor Seller to sell, transfer, assign, set over and convey, and the Depositor Seller does hereby sell, transfer, assign, set over and convey to the IssuerTrust, in each case without recourse, but subject to the terms and provisions of this Agreement, all of the right, title and interest of the Depositor Seller in and to the Mortgage Loans, including the Cut-Off Date Principal Balance of, and interest due on, such Mortgage Loans listed on Schedule I attached hereto, and all other assets included or to be included in the Trust Estate (other than the Swap Agreement, which is being entered into directly by the Issuer)Estate. (b) The Depositor Seller may cause the deposit of derivatives at any time into the Accredited Mortgage Loan Trust 2005-3 200 - and any such deposited derivatives shall become part of the Trust Estate. (c) The parties hereto understand and agree that it is not intended that any Mortgage Loan be included in the Issuer Trust that is a “High-Cost Home Loan” as defined by HOEPA or any other applicable predatory or abusive lending laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust)

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