Common use of Representations and Warranties of the Seller as to the Mortgage Loans Clause in Contracts

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xv) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S1)

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Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Chase Originators Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viiii) The representations and warranties of Chevy Chase PHH with respect to the Chevy Chase PHH Mortgage Loans in the Chevy Chase PHH Purchase and Servicing Agreement, which have has been assigned to the Trustee hereunderTrustee, were made as of the applicable Bring-Down Date, as specified in the Cendant Purchase and Servicing Agreement. With respect to the Chevy Chase PHH Mortgage Loans and the period from the applicable such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.02 3.03 of the Chevy Chase PHH Purchase and Servicing Agreement with respect to each of the Chevy Chase PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viiiiv) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixv) The representations and warranties of CTX Xxxxxx with respect to the CTX Xxxxxx Mortgage Loans in the CTX Xxxxxx Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Xxxxxx Purchase and Servicing Agreement. With respect to the American Home Xxxxxx Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Xxxxxx Purchase and Servicing Agreement with respect to each of the American Home Xxxxxx Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xivi) The representations and warranties of Xxxxxxx Bank M&T with respect to the Xxxxxxx Bank M&T Mortgage Loans in the Xxxxxxx Bank Sale M&T Purchase and Servicing Agreement, which have has been assigned to the Trustee hereunderTrustee, were made as of the applicable Bring-Down Date, as specified in the M&T Purchase and Servicing Agreement. With respect to the Xxxxxxx Bank M&T Mortgage Loans and the period from the applicable such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections Section 7.01 of the Xxxxxxx Bank Sale M&T Purchase and Servicing Agreement with respect to each of the Xxxxxxx Bank M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiivii) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the National City Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related U.S. Central Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiiix) The representations and warranties of Xxxxx Fargo Weichert with respect to the Xxxxx Fargo Weichert Mortgage Loans in the Xxxxx Fargo Weichert Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Weichert Purchase and Servicing Agreement. With respect to the Xxxxx Fargo Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the Xxxxx Fargo Weichert Purchase and Servicing Agreement with respect to each of the Xxxxx Fargo Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvx) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-S3)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB Xxxxxx Trust with respect to the Chase Originators Xxxxxx Trust Mortgage Loans in the JPMCB Xxxxxx Trust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxxx Trust Purchase and Servicing Agreement. With respect to the Xxxxxx Trust Mortgage Loans, the Seller hereby restates, as of the Closing Date, the representations and warranties contained in Section 7.01 of the Xxxxxx Trust Purchase and Servicing Agreement to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of CMMC with respect to the CMMC Mortgage Loans in the CMMC Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators CMMC Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB CMMC Purchase and Servicing Agreement with respect to each of the Chase Originators CMMC Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiii) The representations and warranties of PHH Cendant with respect to the PHH Cendant Mortgage Loans in the PHH Cendant Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Cendant Purchase and Servicing Agreement. With respect to the PHH Cendant Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Cendant Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Cendant Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related National City Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvv) The Seller hereby represents and warrants that, as of the Closing Date, Date (i) no Mortgage Loan is subject to a “high cost” loans as defined by the Home Ownership and Equity Protection Act of 1994 or any applicable, similar applicable federal, state or local statutes predatory and abusive lending laws nor is any loan a High Cost Loan or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending Covered Loan, as applicable (as such terms are defined in the applicable statute or regulationthen current Standard & Poor’s LEVELS® Glossary which is now Version 5.6 Revised, Appendix E); , (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0March 6, 00002003 is governed by the Georgia Fair Lending Act, (xxxiii) each Mortgage Loan at origination the time is was made complied in all material respects with applicable localfederal, state and federal laws, or local law including, but not limited towithout limitation, applicable antiusury, truth-in-lending, real estate settlement procedures, consumer credit protection, equal credit opportunity, disclosure and predatory and abusive lending laws, laws applicable to the Mortgage Loan and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvivi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2004-S2)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB Xxxxxx with respect to the Xxxxxx Mortgage Loans in the Xxxxxx Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxxx Purchase and Servicing Agreement. With respect to the Xxxxxx Mortgage Loans, the Seller hereby restates, as of the Closing Date, the representations and warranties contained in Section 7.01 of the Xxxxxx Purchase and Servicing Agreement to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of the Chase Originators with respect to the Chase Originators Mortgage Loans in the JPMCB Chase Originators Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Chase Originators Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Cendant Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiiv) The representations and warranties of SunTrust National City with respect to the SunTrust National City Mortgage Loans in the SunTrust National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust National City Purchase and Servicing Agreement. With respect to the SunTrust National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Xxxxxx with respect to the Xxxxxx Mortgage Loans in the Xxxxxx Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxxx Purchase and Servicing Agreement. With respect to the Xxxxxx Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Xxxxxx Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Xxxxxx Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixvii) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Countrywide Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xix) The representations and warranties of American Home Xxxxx Fargo with respect to the American Home Xxxxx Fargo Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Xxxxx Fargo Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Xxxxx Fargo Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase and Servicing Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xivx) The representations and warranties of National City Suntrust with respect to the National City Suntrust Mortgage Loans in the National City Suntrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Suntrust Purchase and Servicing Agreement. With respect to the National City Suntrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the National City Suntrust Purchase and Servicing Agreement with respect to each of the National City Suntrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvxi) The representations and warranties of Mid America with respect to the Mid America Mortgage Loans in the Mid America Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Mid America Purchase and Servicing Agreement. With respect to the Mid America Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Mid America Purchase and Servicing Agreement with respect to each of the Mid America Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixiii) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-S2)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the CTX Purchase Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of M&T with respect to the M&T Mortgage Loans in the M&T Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the M&T Purchase Agreement. With respect to the M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the M&T Purchase Agreement with respect to each of the M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Weichert with respect to the Weichert Mortgage Loans in the Weichert Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Weichert Purchase Agreement. With respect to the Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Weichert Purchase Agreement with respect to each of the Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ivix) The representations and warranties of WAMU HSBC with respect to the WAMU HSBC Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase HSBC Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase HSBC Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 Sections 7.02 of the Chevy Chase HSBC Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX HSBC Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank Countrywide with respect to the Xxxxxxx Bank Countrywide Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Countrywide Purchase and Servicing Agreement with respect to each of the U.S. Central Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xv) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixv) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S2)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of the JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Cendant Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixiv) The representations and warranties of CTX Suntrust with respect to the CTX Suntrust Mortgage Loans in the CTX Suntrust Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Suntrust Purchase and Servicing Agreement. With respect to the American Home Suntrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Suntrust Purchase and Servicing Agreement with respect to each of the American Home Suntrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvv) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvivi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2005-S1)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of BankUnited with respect to the BankUnited Mortgage Loans in the BankUnited Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the BankUnited Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 (other than the representations and warranties set forth in Sections 7.01(h), (l), (m), (n), (p), (x), (z), (mm), (oo), (hhh), (www)(iii) and (zzz), which are made as of the Closing Date, and other than the representations and warranties set forth in Sections 7.01(b)-(g), (i), (k), (t), (v), (w), (aa), (ii)-(kk), (nn), (pp)-(rr), (uu), (vv), (xx), (yy), and (ccc)-(ggg), which are made as of July 1, 2007) of the BankUnited Purchase and Servicing Agreement with respect to each of the BankUnited Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvii) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiviii) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiix) The representations and warranties of U.S. Central Weichert with respect to the U.S. Central Weichert Mortgage Loans in the U.S. Central Weichert Purchase and Servicing Agreement, which has have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Weichert Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Weichert Purchase Agreement with respect to each of the Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of Ohio Savings with respect to the Ohio Savings Mortgage Loans in the Ohio Savings Purchase Agreement, which have been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Ohio Savings Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the U.S. Central Ohio Savings Purchase and Servicing Agreement with respect to each of the U.S. Central Ohio Savings Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiixi) The representations and warranties of Xxxxx Fargo M&T with respect to the Xxxxx Fargo M&T Mortgage Loans in the Xxxxx Fargo M&T Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo M&T Purchase Agreement. With respect to the Xxxxx Fargo M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the Xxxxx Fargo M&T Purchase Agreement with respect to each of the Xxxxx Fargo M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The Seller hereby makes the representations and warranties contained in Schedule B hereto as of the Closing Date with respect to each of the Home123 Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The Seller hereby makes the representations and warranties contained in Schedule C hereto as of the Closing Date with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 Schedule D hereto as of the National City Purchase and Servicing Agreement Closing Date with respect to each of the National City NetBank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xv) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of Countrywide with respect to the Chase Originators Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Cendant Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiiv) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ivvi) The representations and warranties of WAMU M&T with respect to the WAMU M&T Mortgage Loans in the WAMU M&T Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU M&T Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint M&T Purchase and Servicing Agreement with respect to each of the GreenPoint M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvvii) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xviviii) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the CTX Purchase Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Cendant Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiiv) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ivvi) The representations and warranties of WAMU M&T with respect to the WAMU M&T Mortgage Loans in the WAMU M&T Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU M&T Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint M&T Purchase and Servicing Agreement with respect to each of the GreenPoint M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixvii) The representations and warranties of CTX Weichert with respect to the CTX Weichert Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Weichert Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Weichert Purchase Agreement. With respect to the American Home Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Weichert Purchase Agreement with respect to each of the American Home Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvviii) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xviix) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S2)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of BankUnited with respect to the BankUnited Mortgage Loans in the BankUnited Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the BankUnited Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 (other than the representations and warranties set forth in Sections 7.01(h), (l), (m), (n), (p), (x), (z), (mm), (oo), (hhh), (www)(iii) and (zzz), which are made as of the Closing Date, and other than the representations and warranties set forth in Sections 7.01(b)-(g), (i), (k), (t), (v), (w), (aa), (ii)-(kk), (nn), (pp)-(rr), (uu), (vv), (xx), (yy), and (ccc)-(ggg), which are made as of July 1, 2007) of the BankUnited Purchase and Servicing Agreement with respect to each of the BankUnited Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase NetBank with respect to the Chevy Chase NetBank Mortgage Loans in the Chevy Chase related NetBank Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint NetBank Purchase and Servicing Agreement. With respect to the GreenPoint NetBank Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 7.02 of the GreenPoint NetBank Purchase and Servicing Agreement with respect to each of the GreenPoint NetBank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixvii) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xviii) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiix) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of Xxxxxxx with respect to the Xxxxxxx Mortgage Loans in clauses (a), (b), (c), (e), (g), (n), (q), (r) (s), (w) of Section 7.02 of the Xxxxxxx Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (e), (g), (n), (q), (r) (s), (w) of Section 7.02 of the Xxxxxxx Purchase Agreement with respect to each of the Xxxxxxx Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Weichert with respect to the Weichert Mortgage Loans in the Weichert Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Weichert Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Weichert Purchase Agreement with respect to each of the Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central Ohio Savings with respect to the U.S. Central Ohio Savings Mortgage Loans in the U.S. Central Ohio Savings Purchase and Servicing Agreement, which has have been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Ohio Savings Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the U.S. Central Ohio Savings Purchase and Servicing Agreement with respect to each of the U.S. Central Ohio Savings Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo M&T with respect to the Xxxxx Fargo M&T Mortgage Loans in the Xxxxx Fargo M&T Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo M&T Purchase Agreement. With respect to the Xxxxx Fargo M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the Xxxxx Fargo M&T Purchase Agreement with respect to each of the Xxxxx Fargo M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement Schedule B hereto with respect to each of the National City Home123 Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xv) The Seller hereby makes the representations and warranties contained in Schedule C hereto with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvi) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixvii) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the CTX Purchase Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiiv) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ivvi) The representations and warranties of WAMU M&T with respect to the WAMU M&T Mortgage Loans in the WAMU M&T Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU M&T Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint M&T Purchase and Servicing Agreement with respect to each of the GreenPoint M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixvii) The representations and warranties of CTX Weichert with respect to the CTX Weichert Mortgage Loans in the CTX Weichert Purchase and Servicing Agreement, which have has been assigned to the Trustee hereunderTrustee, were made as of the applicable Bring-Down Date, as specified in the CTX Weichert Purchase and Servicing Agreement. With respect to the CTX Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Weichert Purchase and Servicing Agreement with respect to each of the CTX Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xviii) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiix) The representations and warranties of Xxxxxxx Bank Countrywide with respect to the Xxxxxxx Bank Countrywide Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Countrywide Purchase and Servicing Agreement with respect to each of the U.S. Central Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiix) The representations and warranties of Xxxxx Fargo Fifth Third with respect to the Xxxxx Fargo Fifth Third Mortgage Loans in the Xxxxx Fargo Fifth Third Purchase and Servicing Agreement, which has have been assigned to the TrusteeTrustee hereunder, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Fifth Third Mortgage Loans and the period from such the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the Xxxxx Fargo Fifth Third Purchase and Servicing Agreement with respect to each of the Xxxxx Fargo Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xivxi) The representations and warranties of National City HSBC with respect to the National City HSBC Mortgage Loans in the National City HSBC Purchase and Servicing Agreement, which has have been assigned to the TrusteeTrustee hereunder, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City HSBC Mortgage Loans and the period from such the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 Sections 7.02 of the National City HSBC Purchase and Servicing Agreement with respect to each of the National City HSBC Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvxii) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixiii) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S3)

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Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixv) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have has been assigned to the Trustee hereunderTrustee, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvi) The representations and warranties of American Home M&T with respect to the American Home M&T Mortgage Loans in the American Home M&T Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home M&T Purchase Agreement. With respect to the American Home M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home M&T Purchase Agreement with respect to each of the American Home M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiivii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiiviii) The representations and warranties of Xxxxx Fargo Weichert with respect to the Xxxxx Fargo Weichert Mortgage Loans in the Xxxxx Fargo Weichert Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Weichert Purchase Agreement. With respect to the Xxxxx Fargo Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the Xxxxx Fargo Weichert Purchase Agreement with respect to each of the Xxxxx Fargo Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvix) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvix) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S1)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust NetBank with respect to the SunTrust NetBank Mortgage Loans in the SunTrust related NetBank Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the NetBank Purchase Agreement. With respect to the NetBank Mortgage Loans and Servicing the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.02 of the NetBank Purchase Agreement with respect to each of NetBank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of Citizens Bank with respect to the Citizens Bank Mortgage Loans in the related Citizens Bank Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the Citizens Bank Purchase Agreement. With respect to the Citizens Bank Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in the Citizens Bank Purchase Agreement with respect to each of Citizens Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Weichert with respect to the Weichert Mortgage Loans in the Weichert Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Weichert Purchase and Servicing Agreement. With respect to the SunTrust Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Weichert Purchase and Servicing Agreement with respect to each of the SunTrust Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vvi) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xivviii) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvix) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvix) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S3)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the CTX Purchase Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iiiiv) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ivvi) The representations and warranties of WAMU WMMSC with respect to the WAMU Mortgage Loans WMMSC in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide WMMSC Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide WMMSC Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 3.2 of the Countrywide WMMSC Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase WMMSC Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvviii) The representations and warranties of Indymac with respect to the Indymac Mortgage Loans in the Indymac Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Indymac Purchase and Servicing Agreement. With respect to the Indymac Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Indymac Purchase and Servicing Agreement with respect to each of the Indymac Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixii) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S4)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH with respect to the PHH Mortgage Loans in the PHH Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of Wachovia with respect to the Wachovia Mortgage Loans in the Wachovia Purchase Agreement, which have been assigned to the Trustee, were made as of the applicable Bring-Down Date. With respect to the Wachovia Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Wachovia Purchase Agreement with respect to each of the Wachovia Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Indymac with respect to the Indymac Mortgage Loans in the Indymac Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Indymac Purchase and Servicing Agreement. With respect to the Indymac Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Indymac Purchase and Servicing Agreement with respect to each of the Indymac Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vvii) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viviii) The representations and warranties of NetBank with respect to the NetBank Mortgage Loans in the related NetBank Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the NetBank Purchase Agreement. With respect to the NetBank Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.02 of the NetBank Purchase Agreement with respect to each of NetBank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viiix) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixxi) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xxii) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xixiii) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiixiv) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiixv) The representations and warranties of Xxxxx Fargo Xxxxxxx with respect to the Xxxxx Fargo Xxxxxxx Mortgage Loans in clauses (a), (b), (c), (e), (g), (n), (q), (r) (s), (w) of Section 7.02 of the Xxxxxxx Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (e), (g), (n), (q), (r) (s), (w) of Section 7.02 of the Xxxxxxx Purchase Agreement with respect to each of the Xxxxxxx Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvi) The representations and warranties of Weichert with respect to the Weichert Mortgage Loans in the Xxxxx Fargo Weichert Purchase Agreement, which has have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Weichert Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Weichert Purchase Agreement with respect to each of the Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvii) The representations and warranties of Ohio Savings with respect to the Ohio Savings Mortgage Loans in the Ohio Savings Purchase Agreement, which have been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Ohio Savings Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the Xxxxx Fargo Ohio Savings Purchase Agreement with respect to each of the Xxxxx Fargo Ohio Savings Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xivxviii) The representations and warranties of National City M&T with respect to the National City M&T Mortgage Loans in the National City M&T Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related M&T Purchase and Servicing Agreement. With respect to the National City M&T Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 7.01 of the National City M&T Purchase and Servicing Agreement with respect to each of the National City M&T Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xvxix) The Seller hereby makes the representations and warranties contained in Schedule B hereto with respect to each of the Home123 Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xx) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvixxi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S2)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB CHF with respect to the Chase Originators CHF Mortgage Loans in the JPMCB CHF Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators CHF Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB CHF Purchase and Servicing Agreement with respect to each of the Chase Originators CHF Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH Cendant with respect to the PHH Cendant Mortgage Loans in the PHH Cendant Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH Cendant Purchase and Servicing Agreement. With respect to the PHH Cendant Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Cendant Purchase and Servicing Agreement with respect to each of the PHH Cendant Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust Purchase and Servicing Agreement with respect to each of the SunTrust Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iv) The representations and warranties of WAMU with respect to the WAMU Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Purchase and Servicing Agreement with respect to each of the GreenPoint Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ix) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Xxxxx Fargo with respect to the Xxxxx Fargo Mortgage Loans in the Xxxxx Fargo Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Purchase Agreement. With respect to the Xxxxx Fargo Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Purchase Agreement with respect to each of the Xxxxx Fargo Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xv) The Seller hereby represents and warrants that, as of the Closing Date, Date (i) no Mortgage Loan is subject to a “high cost” loans as defined by the Home Ownership and Equity Protection Act of 1994 or any applicable, similar applicable federal, state or local statutes predatory and abusive lending laws nor is any loan a High Cost Loan or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending Covered Loan, as applicable (as such terms are defined in the applicable statute or regulationthen current Standard & Poor’s LEVELS® Glossary which is now Version 5.6 Revised, Appendix E); , (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0March 6, 00002003 is governed by the Georgia Fair Lending Act, (xxxiii) each Mortgage Loan at origination the time is was made complied in all material respects with applicable localfederal, state and federal laws, or local law including, but not limited towithout limitation, applicable antiusury, truth-in-lending, real estate settlement procedures, consumer credit protection, equal credit opportunity, disclosure and predatory and abusive lending laws, laws applicable to the Mortgage Loan and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xviiv) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2005-S1)

Representations and Warranties of the Seller as to the Mortgage Loans. The Seller hereby represents and warrants to the Trustee: (i) The representations and warranties of JPMCB with respect to the Chase Originators Mortgage Loans in the JPMCB Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Chase Originators Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the JPMCB Purchase and Servicing Agreement with respect to each of the Chase Originators Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ii) The representations and warranties of PHH American Home with respect to the PHH American Home Mortgage Loans in the PHH American Home Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the PHH American Home Purchase and Servicing Agreement. With respect to the PHH Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (4), (20), (21), (25), (31) and (57) of Section 3.03 of the PHH Purchase and Servicing Agreement with respect to each of the PHH Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iii) The representations and warranties of SunTrust with respect to the SunTrust Mortgage Loans in the SunTrust Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the SunTrust Purchase and Servicing Agreement. With respect to the SunTrust American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the SunTrust American Home Purchase and Servicing Agreement with respect to each of the SunTrust American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (iviii) The representations and warranties of WAMU Flagstar with respect to the WAMU Flagstar Mortgage Loans in the WAMU Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the WAMU Purchase and Servicing Agreement. With respect to the WAMU Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.1 of the WAMU Purchase and Servicing Agreement with respect to each of the WAMU Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (v) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Flagstar Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Countrywide Purchase and Servicing Agreement with respect to each of the Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (vii) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of GreenPoint with respect to the GreenPoint Mortgage Loans in the GreenPoint Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the GreenPoint Purchase and Servicing Agreement. With respect to the GreenPoint Flagstar Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the GreenPoint Flagstar Purchase and Servicing Agreement with respect to each of the GreenPoint Flagstar Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund, with the exception of the representations and warranties set forth in Section 7.01(n), (p), (x) and (mm). (iv) The representations and warranties of NetBank with respect to the NetBank Mortgage Loans in the related NetBank Purchase Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the NetBank Purchase Agreement. With respect to the NetBank Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.02 of the NetBank Purchase Agreement with respect to each of NetBank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (ixv) The representations and warranties of CTX with respect to the CTX Mortgage Loans in the CTX Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date, as specified in the CTX Purchase and Servicing Agreement. With respect to the CTX Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in clauses (a), (b), (c), (d), (e), (g), (h), (i), (k), (l), (n), (o), (p), (q), (t) (u), (w), (x), (aa), (cc), (ee), (gg), (hh), (jj), (kk), (mm), (nn), (oo), (pp), (rr), (vv), (bbb), (ccc), (ddd), (eee), (fff), (ggg), (hhh), (iii) and (jjj) of Section 7.01 of the CTX Purchase and Servicing Agreement with respect to each of the CTX Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of American Home with respect to the American Home Mortgage Loans in the American Home Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the American Home Purchase Agreement. With respect to the American Home Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the American Home Purchase Agreement with respect to each of the American Home Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiivi) The representations and warranties of U.S. Central with respect to the U.S. Central Mortgage Loans in the U.S. Central Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the U.S. Central Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the U.S. Central Purchase and Servicing Agreement with respect to each of the U.S. Central Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiiivii) The representations and warranties of Xxxxx Fargo Weichert with respect to the Xxxxx Fargo Weichert Mortgage Loans in the Xxxxx Fargo Weichert Purchase Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Xxxxx Fargo Weichert Purchase Agreement. With respect to the Xxxxx Fargo Weichert Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Weichert Purchase Agreement with respect to each of the Weichert Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (viii) The representations and warranties of Countrywide with respect to the Countrywide Mortgage Loans in the Countrywide Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the Countrywide Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Xxxxx Fargo Countrywide Purchase and Servicing Agreement with respect to each of the Xxxxx Fargo Countrywide Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xivix) The representations and warranties of National City with respect to the National City Mortgage Loans in the National City Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the National City Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the National City Purchase and Servicing Agreement with respect to each of the National City Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (x) The representations and warranties of Fifth Third with respect to the Fifth Third Mortgage Loans in the Fifth Third Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Fifth Third Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Fifth Third Purchase and Servicing Agreement with respect to each of the Fifth Third Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xi) The representations and warranties of Chevy Chase with respect to the Chevy Chase Mortgage Loans in the Chevy Chase Purchase and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Chevy Chase Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.02 of the Chevy Chase Purchase and Servicing Agreement with respect to each of the Chevy Chase Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xii) The representations and warranties of Xxxxxxx Bank with respect to the Xxxxxxx Bank Mortgage Loans in the Xxxxxxx Bank Sale and Servicing Agreement, which have been assigned to the Trustee hereunder, were made as of the applicable Bring-Down Date. With respect to the Xxxxxxx Bank Mortgage Loans and the period from the applicable Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Sections 7.01 of the Xxxxxxx Bank Sale and Servicing Agreement with respect to each of the Xxxxxxx Bank Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiii) The representations and warranties of Indymac with respect to the Indymac Mortgage Loans in the Indymac Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the Indymac Purchase and Servicing Agreement. With respect to the Indymac Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 7.01 of the Indymac Purchase and Servicing Agreement with respect to each of the Indymac Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xiv) The representations and warranties of WMMSC with respect to the WMMSC in the WMMSC Purchase and Servicing Agreement, which has been assigned to the Trustee, were made as of the applicable Bring-Down Date, as specified in the related Purchase and Servicing Agreement. With respect to the WMMSC Mortgage Loans and the period from such Bring-Down Date to and including the Closing Date, the Seller hereby makes the representations and warranties contained in Section 3.2 of the WMMSC Purchase and Servicing Agreement with respect to each of the WMMSC Mortgage Loans to and for the benefit of the Depositor, the Trustee and the Trust Fund. (xv) The Seller hereby represents and warrants that, as of the Closing Date, (i) no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or any applicable, similar federal, state or local statutes or regulations related to “high cost” mortgage loans or “predatory,” “high cost,” “threshold” or “covered” lending (as such terms are defined in the applicable statute or regulation); (ii) no Mortgage Loan is (w) a “High-Cost Home Loan” as defined in the New Jersey Home Ownership Act effective November 27, 2003, (x) a “High-Cost Home Loan” as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (y) a “High Cost Loan” or “Covered Loan” (as such terms are defined in the current S&P’s LEVELS® Glossary), or (z) governed by the Georgia Fair Lending Act, if such Mortgage Loan was originated on or after October 1, 2002 through Xxxxx 0, 0000, (xxx) each Mortgage Loan at origination complied in all material respects with applicable local, state and federal laws, including, but not limited to, applicable anti-predatory and abusive lending laws, and (iv) each Mortgage Loan is a “qualified mortgage” within the meaning of 860G(a)(3) of the Code. (xvi) The Seller agrees to comply with the provisions of Section 2.05 in respect of a breach of any of such representations and warranties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S4)

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