Common use of Representations and Warranties Concerning the Mortgage Loans Clause in Contracts

Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 Subsequent Mortgage Loan Purchase Agreements concerning the Seller and the Group 1 Subsequent Mortgage Loans and Group 2 Subsequent Mortgage Loans to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Agreement or in the applicable Group 1 and Group 2 Subsequent Mortgage Loan Purchase Agreements, the Indenture Trustee shall promptly notify the Seller of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.

Appears in 5 contracts

Samples: Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 4), Indenture (Imh Assets Corp Impac CMB Trust Series 2004-7), Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 3)

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Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Sale and Contribution Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 the Subsequent Mortgage Loan Purchase Sale and Contribution Agreements concerning the Seller and the Group 1 Subsequent Mortgage Loans and Group 2 the Mortgage Loan Sale and Contribution Agreement and the Subsequent Mortgage Loans Loan Sale and Contribution Agreements to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Sale and Contribution Agreement or in the applicable Group 1 and Group 2 Subsequent Mortgage Loan Purchase Sale and Contribution Agreements, the Indenture Trustee shall promptly notify the Seller and the Bond Insurer of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.

Appears in 3 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Imh Assets Corp), Indenture (Collateralized Asset-Backed Bonds Series 2002-3)

Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Sale and Contribution Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 the Subsequent Mortgage Loan Purchase Sale and Contribution Agreements concerning the Seller and the Group 1 Subsequent Mortgage Loans and Group 2 the Mortgage Loan Sale and Contribution Agreement and the Subsequent Mortgage Loans Loan Sale and Contribution Agreements to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Sale and Contribution Agreement or in the applicable Group 1 and Group 2 Subsequent Mortgage Loan Purchase Sale and Contribution Agreements, the Indenture Trustee shall promptly notify the Seller of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.

Appears in 2 contracts

Samples: Indenture (Impac CMB Trust Series 2002-4f), Indenture (Imh Assets Corp Impact CMB Trust Series 2002-7)

Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Sale and Contribution Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 Subsequent the right to enforce the remedies against the Seller provided in such Mortgage Loan Purchase Agreements concerning the Seller Sale and the Group 1 Subsequent Mortgage Loans and Group 2 Subsequent Mortgage Loans Contribution Agreement to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee Trustee, or the Custodian, as agent for the Indenture Trustee, has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Agreement or in the applicable Group 1 Sale and Group 2 Subsequent Mortgage Loan Purchase AgreementsContribution Agreement, the Indenture Trustee or the Custodian, as applicable, shall promptly notify the Seller and the Bond Insurer of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan. As pledgee under the Radian PMI Policy, the Indenture Trustee, if it becomes the successor Master Servicer under the Servicing Agreement, shall enforce such policy.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1)

Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Sale and Contribution Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 the Subsequent Mortgage Loan Purchase Agreements Sale and Contribution Agreement concerning the Seller and the Group 1 Subsequent Mortgage Loans Loans, and Group 2 the Mortgage Loan Sale and Contribution Agreement and the Subsequent Mortgage Loans Loan Sale and Contribution Agreement to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Sale and Contribution Agreement or in the applicable Group 1 and Group 2 Subsequent Mortgage Loan Purchase AgreementsSale and Contribution Agreement, the Indenture Trustee shall promptly notify the Seller of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

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Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Sale and Contribution Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 the Subsequent Mortgage Loan Purchase Sale and Contribution Agreements concerning the Seller and the Group 1 Subsequent Mortgage Loans or Seasoned Mortgage Loans, as applicable, and Group 2 the Mortgage Loan Sale and Contribution Agreement and the Subsequent Mortgage Loans Loan Sale and Contribution Agreements to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Sale and Contribution Agreement or in the applicable Group 1 and Group 2 Subsequent Mortgage Loan Purchase Sale and Contribution Agreements, the Indenture Trustee shall promptly notify the Seller of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in (i) the Mortgage Loan Purchase Sale and Contribution Agreement concerning the Seller and the Initial Mortgage Loans and (ii) any Group 1 or Group 2 Subsequent Mortgage Loan Purchase Sale and Contribution Agreements concerning the Seller and the Group 1 Subsequent Mortgage Loans and Group 2 Subsequent Mortgage Loans to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Sale and Contribution Agreement or in the applicable Group 1 and Group 2 Subsequent Mortgage Loan Purchase Sale and Contribution Agreements, the Indenture Trustee shall promptly notify the Seller of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.

Appears in 1 contract

Samples: Indenture (Impac CMB Trust Series 2003-8)

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