Representations and Warranties of the Mortgage Loan Seller. The Mortgage Loan Seller represents and warrants to the Purchaser that, as of the Closing Date, it has made the representations and warranties set forth in Section 3.01 of the Pooling and Servicing Agreement for the benefit of the Purchaser. Such representations and warranties are incorporated by reference in this Section 2.01 hereof, and the Purchaser may rely thereon as if such representations and warranties were fully set forth herein. It is understood and agreed that the representations and warranties incorporated by reference in this Section 2.01 shall survive the sale of the Mortgage Loans to the Purchaser, the sale and delivery of the Mortgage Loans to the Trust Fund and the issuance, sale and delivery of the Certificates by the Purchaser, shall continue so long as any Class A, Class M or Class B Certificate shall remain outstanding or until the Pooling and Servicing Agreement shall have been terminated as therein provided, and shall inure to the benefit of the Purchaser, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment of Mortgage or the examination of any Mortgage File. The Mortgage Loan Seller acknowledges that, pursuant to the Pooling and Servicing Agreement, the Purchaser will assign all of its right, title and interest in and to the Mortgage Loans and its right to exercise the remedies created by Sections 1.04 and 2.02 hereof to the Trustee for the benefit of the Certificateholders. The Mortgage Loan Seller agrees that, upon such assignment to the Trustee, the Trustee may enforce directly, without joinder of the Purchaser, the repurchase obligations of the Mortgage Loan Seller set forth in Sections 1.04 and 2.02 hereof with respect to breaches of the representations and warranties set forth in Section
Appears in 9 contracts
Samples: Mortgage Loan Sale Agreement (ChaseFlex Trust Series 2007-1), Mortgage Loan Sale Agreement (Chase Mortgage Finance Trust Series 2007-S6), Mortgage Loan Sale Agreement (Chase Mortgage Finance Trust Series 2007-A3)
Representations and Warranties of the Mortgage Loan Seller. The Mortgage Loan Seller represents and warrants to the Purchaser that, as of the Closing Date, it has made the representations and warranties set forth in Section 3.01 of the Pooling and Servicing Agreement for the benefit of the Purchaser. Such representations and warranties are incorporated by reference in this Section 2.01 hereof, and the Purchaser may rely thereon as if such representations and warranties were fully set forth herein. It is understood and agreed that the representations and warranties incorporated by reference in this Section 2.01 shall survive the sale of the Mortgage Loans to the Purchaser, the sale and delivery of the Mortgage Loans to the Trust Fund and the issuance, sale and delivery of the Certificates by the Purchaser, shall continue so long as any Class A, Class M or Class B Certificate shall remain outstanding or until the Pooling and Servicing Agreement shall have been terminated as therein provided, and shall inure to the benefit of the Purchaser, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment of Mortgage or the examination of any Mortgage File. The Mortgage Loan Seller acknowledges that, pursuant to the Pooling and Servicing Agreement, the Purchaser will assign all of its right, title and interest in and to the Mortgage Loans and its right to exercise the remedies created by Sections 1.04 and 2.02 hereof to the Trustee for the benefit of the Certificateholders. The Mortgage Loan Seller agrees that, upon such assignment to the Trustee, the Trustee may enforce directly, without joinder of the Purchaser, the repurchase obligations of the Mortgage Loan Seller set forth in Sections 1.04 and 2.02 hereof with respect to breaches of the representations and warranties set forth in SectionSection 3.01 of the Pooling and Servicing Agreement, or with respect to documentary defects or omissions set forth in Section 2.02 of the Pooling and Servicing Agreement.
Appears in 8 contracts
Samples: Mortgage Loan Sale Agreement (Chase Mortgage Finance Trust Series 2007-A2), Mortgage Loan Sale Agreement (Chase Mortgage Finance Trust Series 2006-S4), Mortgage Loan Sale Agreement (Chase Mortgage Finance Trust Series 2006-A1)
Representations and Warranties of the Mortgage Loan Seller. The Mortgage Loan Seller represents and warrants to the Purchaser that, as of the Closing Date, it has made the representations and warranties set forth in Section 3.01 of the Pooling and Servicing Agreement for the benefit of the Purchaser. Such representations and warranties are incorporated by reference in this Section 2.01 hereof, and the Purchaser may rely thereon as if such representations and warranties were fully set forth herein. It is understood and agreed that the representations and warranties incorporated by reference in this Section 2.01 shall survive the sale of the Mortgage Loans to the Purchaser, the sale and delivery of the Mortgage Loans to the Trust Fund and the issuance, sale and delivery of the Certificates by the Purchaser, shall continue so long as any Class A, Class M M, Class B or Class B CE Certificate shall remain outstanding or until the Pooling and Servicing Agreement shall have been terminated as therein provided, and shall inure to the benefit of the Purchaser, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment of Mortgage or the examination of any Mortgage File. The Mortgage Loan Seller acknowledges that, pursuant to the Pooling and Servicing Agreement, the Purchaser will assign all of its right, title and interest in and to the Mortgage Loans and its right to exercise the remedies created by Sections 1.04 and 2.02 hereof to the Trustee for the benefit of the Certificateholders. The Mortgage Loan Seller agrees that, upon such assignment to the Trustee, the Trustee may enforce directly, without joinder of the Purchaser, the repurchase obligations of the Mortgage Loan Seller set forth in Sections 1.04 and 2.02 hereof with respect to breaches of the representations and warranties set forth in SectionSection 3.01 of the Pooling and Servicing Agreement, or with respect to documentary defects or omissions set forth in Section 2.02 of the Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Mortgage Loan Sale Agreement (ChaseFlex Trust Series 2007-M1), Mortgage Loan Sale Agreement (ChaseFlex Trust Series 2006-2)
Representations and Warranties of the Mortgage Loan Seller. The Mortgage Loan Seller represents and warrants to the Purchaser that, as of the Closing Date, it has made the representations and warranties set forth in Section 3.01 of the Pooling and Servicing Agreement for the benefit of the Purchaser. Such representations and warranties are incorporated by reference in this Section 2.01 hereof, and the Purchaser may rely thereon as if such representations and warranties were fully set forth herein. It is understood and agreed that the representations and warranties incorporated by reference in this Section 2.01 shall survive the sale of the Mortgage Loans to the Purchaser, the sale and delivery of the Mortgage Loans to the Trust Fund and the issuance, sale and delivery of the Certificates by the Purchaser, shall continue so long as any Class A, Class M or Class B Certificate shall remain outstanding or until the Pooling and Servicing Agreement shall have been terminated as therein provided, and shall inure to the benefit of the Purchaser, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment of Mortgage or the examination of any Mortgage File. The Mortgage Loan Seller acknowledges that, pursuant to the Pooling and Servicing Agreement, the Purchaser will assign all of its right, title and interest in and to the Mortgage Loans and its right to exercise the remedies created by Sections 1.04 and 2.02 hereof to the Trustee for the benefit of the Certificateholders. The Mortgage Loan Seller agrees that, upon such assignment to the Trustee, the Trustee may enforce directly, without joinder of the Purchaser, the repurchase obligations of the Mortgage Loan Seller set forth in Sections 1.04 and 2.02 hereof with respect to breaches of the representations and warranties set forth in Sectionand
Appears in 1 contract
Representations and Warranties of the Mortgage Loan Seller. The Mortgage Loan Seller represents and warrants to the Purchaser that, as of the Closing Subsequent Transfer Date, it has made the representations and warranties set forth in Section 3.01 3.02 of the Pooling and Servicing Agreement for the benefit of the Purchaser. Such representations and warranties are incorporated by reference in this Section 2.01 hereof2.01, and the Purchaser may rely thereon as if such representations and warranties were fully set forth herein. It is understood and agreed that the representations and warranties incorporated by reference in this Section 2.01 shall survive the sale of the Subsequent Mortgage Loans to the Purchaser, Purchaser and the sale and delivery of the Subsequent Mortgage Loans to the Trust Fund Fund, and the issuance, sale and delivery of the Certificates by the Purchaser, shall continue so long as any Class A, Class M or Class B Certificate shall remain outstanding or until the Pooling and Servicing Agreement shall have been terminated as therein provided, and shall inure to the benefit of the Purchaser, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment of Mortgage or the examination of any Mortgage File. The Mortgage Loan Seller acknowledges that, pursuant to the Pooling and Servicing Agreement, the Purchaser will assign all of its right, title and interest in and to the Subsequent Mortgage Loans and its right to exercise the remedies created by Sections 1.04 and 2.02 hereof to the Trustee for the benefit of the Certificateholders. The Mortgage Loan Seller agrees that, upon such assignment to the Trustee, the Trustee may enforce directly, without joinder of the Purchaser, the repurchase obligations of the Mortgage Loan Seller set forth in Sections 1.04 and 2.02 hereof with respect to breaches of the representations and warranties set forth in SectionSection 2.03 of the Pooling and Servicing Agreement, or with respect to documentary defects or omissions set forth in Section 2.02 of the Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)