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

Representations and Warranties Concerning the Mortgage Loans. (a) The representations and warranties of the Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Seller for the benefit of the Trust and the Certificateholders. (b) The Depositor hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, with respect to each Mortgage Loan being sold by it that (i) it had good and transferable title to each such Mortgage Loan at the time of its sale to the Trust, and (ii) each Mortgage Loan constitutes a "qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1). (c) In the event of a breach of a representation or warranty regarding a Mortgage Loan by the Seller, the Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and in the event of a breach of a representation or warranty regarding a Mortgage Loan by the Depositor, the Depositor, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor were the Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Seller or the Depositor, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage Loan. (d) Notwithstanding that any representation or warranty made by the Seller in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) is made only to the best of the Seller's knowledge, the Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation or warranty was untrue as of the Cut-off Date, the Closing Date, or otherwise, as applicable, irrespective of the Seller's lack of knowledge thereof.

Appears in 4 contracts

Samples: Trust, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2003 5), Trust, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2004-4), Trust, Pooling and Servicing Agreement (Thornburg Mortgage Inc)

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Representations and Warranties Concerning the Mortgage Loans. (a) The representations and warranties of the Mortgage Loan Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Mortgage Loan Seller for the benefit of the Trust and the Certificateholders. (b) The Depositor Seller hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, with respect to each Mortgage Loan being sold by it that (i) it had good and transferable title to each such Mortgage Loan at the time of its sale to the Trust, and (ii) each Mortgage Loan constitutes a "qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1). (c) In the event of a breach of a representation or warranty regarding a Mortgage Loan by the Mortgage Loan Seller, the Mortgage Loan Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and in the event of a breach of a representation or warranty regarding a Mortgage Loan by the DepositorSeller, the DepositorSeller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor Seller were the Mortgage Loan Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Mortgage Loan Seller or the DepositorSeller, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage Loan. (d) Notwithstanding that any representation or warranty made by the Mortgage Loan Seller in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) is made only to the best of the Mortgage Loan Seller's knowledge, the Mortgage Loan Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation or warranty was untrue as of the Cut-off Date, the Closing Date, or otherwise, as applicable, irrespective of the Mortgage Loan Seller's lack of knowledge thereof.

Appears in 2 contracts

Samples: Trust, Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Trust, Pooling and Servicing Agreement (Thornburg Mortgage Inc)

Representations and Warranties Concerning the Mortgage Loans. The Sponsor makes the following representations and warranties to the Seller, the Master Servicer, the Backup Servicer, the Indenture Trustee, the Note Insurer and the Trust as to the Mortgage Loans on which the Trust relies in accepting the Mortgage Loans in trust and executing the Notes. With respect to the representations and warranties stated in Sections 4.01(i), (r), (ddd), (eee) and (fff), the Sponsor makes such representations and warranties on behalf of itself and the Seller. Such representations, warranties and covenants are made or deemed to be made as of the Closing Date and as of each Subsequent Transfer Date. (a) The representations and warranties of the Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Seller for the benefit of the Trust and the Certificateholders. (b) The Depositor hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, information with respect to each Mortgage Loan set forth in the Mortgage Loan Schedule is true and correct as of the Cut-Off Date, based on Cut-Off Date Principal Balances. (b) Each Mortgage Loan is being sold by it that serviced either (i) it had good and transferable title to each such Mortgage Loan at through the time of its sale to the Trust, and Master Servicer or (ii) each Mortgage Loan constitutes a "Person controlling, controlled by or under common control with the Master Servicer and qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1)to service mortgage loans. (c) In the event of a breach of a representation or warranty regarding a Each Mortgage Loan by was underwritten or reunderwritten pursuant to the Seller, Underwriting Guidelines which conform in all material respects to the Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and description thereof set forth in the event of a breach of a representation or warranty regarding a Mortgage Loan by the Depositor, the Depositor, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor were the Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Seller or the Depositor, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage LoanProspectus Supplement. (d) Notwithstanding that any representation or warranty made by the Seller in Section 7 All of the Mortgage Loan Purchase original or certified documentation required to be delivered to the Indenture Trustee pursuant to this Agreement (including Exhibit 4 all material documents related thereto) is made only to the best of the Seller's knowledge, the Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation each Mortgage Loan has been or warranty was untrue as will be delivered to the Indenture Trustee in accordance with the terms of this Agreement. Each of the Cut-off Datedocuments and instruments specified to be included therein has been duly executed and in due and proper form, and each such document or instrument is in a form generally acceptable to prudent mortgage lenders that regularly originate or purchase mortgage loans comparable to the Closing DateMortgage Loans for sale to prudent investors in the secondary market that invest in mortgage loans such as the Mortgage Loans. (e) [Reserved]. (f) Each Mortgaged Property is improved by a single (one to four) family residential dwelling, or otherwisewhich may include condominiums, as applicable, irrespective individual units in a planned unit development and townhouses but shall not include cooperatives. (g) No Mortgage Loan had an LTV in excess of the Seller's lack of knowledge thereof90%.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2), Sale and Servicing Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2)

Representations and Warranties Concerning the Mortgage Loans. (a) The representations and warranties of the Mortgage Loan Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Mortgage Loan Seller for the benefit of the Trust and the Certificateholders. (b) The Depositor Seller hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, with respect to each Mortgage Loan being sold by it that (i) it had good and transferable to title to each such Mortgage Loan at the time of its sale to the Trust, and (ii) each Mortgage Loan constitutes a "qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1). (c) In the event of a breach of a representation or warranty regarding a Mortgage Loan by the Mortgage Loan Seller, the Mortgage Loan Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and in the event of a breach of a representation or warranty regarding a Mortgage Loan by the DepositorSeller, the DepositorSeller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor Seller were the Mortgage Loan Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Mortgage Loan Seller or the DepositorSeller, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage Loan. (d) Notwithstanding that any representation or warranty made by the Mortgage Loan Seller in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) is made only to the best of the Mortgage Loan Seller's knowledge, the Mortgage Loan Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation or warranty was untrue as of the Cut-off Date, the Closing Date, or otherwise, as applicable, irrespective of the Mortgage Loan Seller's lack of knowledge thereof.

Appears in 1 contract

Samples: Trust, Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

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Representations and Warranties Concerning the Mortgage Loans. (a) The representations and warranties of the Mortgage Loan Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 Schedule A thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Mortgage Loan Seller for the benefit of the Trust and the Certificateholders. (b) The Depositor Seller hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, with respect to each Mortgage Loan being sold by it that (i) it had good and transferable to title to each such Mortgage Loan at the time of its sale to the Trust, and (ii) each Mortgage Loan constitutes a "qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1). (c) In the event of a breach of a representation or warranty regarding a Mortgage Loan by the Mortgage Loan Seller, the Mortgage Loan Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and in the event of a breach of a representation or warranty regarding a Mortgage Loan by the DepositorSeller, the DepositorSeller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor Seller were the Mortgage Loan Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Mortgage Loan Seller or the DepositorSeller, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage Loan. (d) Notwithstanding that any representation or warranty made by the Mortgage Loan Seller in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 Schedule A thereto) is made only to the best of the Mortgage Loan Seller's knowledge, the Mortgage Loan Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation or warranty was untrue as of the Cut-off Date, the Closing Date, or otherwise, as applicable, irrespective of the Mortgage Loan Seller's lack of knowledge thereof.

Appears in 1 contract

Samples: Trust, Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Representations and Warranties Concerning the Mortgage Loans. (a) The representations and warranties of the Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 3 thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Seller for the benefit of the Trust and the Certificateholders. (b) The Depositor hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, with respect to each Mortgage Loan being sold by it that (i) it had good and transferable title to each such Mortgage Loan at the time of its sale to the Trust, and (ii) each Mortgage Loan constitutes a "qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1). (c) In the event of a breach of a representation or warranty regarding a Mortgage Loan by the Seller, the Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and in the event of a breach of a representation or warranty regarding a Mortgage Loan by the Depositor, the Depositor, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor were the Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Seller or the Depositor, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage Loan. (d) Notwithstanding that any representation or warranty made by the Seller in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 3 thereto) is made only to the best of the Seller's ’s knowledge, the Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation or warranty was untrue as of the Cut-off Date, the Closing Date, or otherwise, as applicable, irrespective of the Seller's ’s lack of knowledge thereof.

Appears in 1 contract

Samples: Trust, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

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