Common use of Representations and Warranties of the Servicers Clause in Contracts

Representations and Warranties of the Servicers. Each Servicer hereby represents and warrants as to itself as follows: (a) Such Servicer is a corporation duly incorporated, validly existing and in good standing under the laws of its jurisdiction of organization, and is duly qualified to do business, and is in good standing (or, in the case of the Nordtrac Group, otherwise has proper authority to conduct business), in every jurisdiction where the nature of its business requires it to be so qualified, unless the failure to so qualify would not have a material adverse effect on (i) the interests of the Investors hereunder, (ii) the collectibility of the Receivables Pool, or (iii) the ability of the Servicer to perform its obligations hereunder. (b) The execution, delivery and performance by such Servicer of this Agreement and any other documents to be delivered by it hereunder (i) are within such Servicer’s corporate powers, (ii) have been duly authorized by all necessary corporate action, (iii) do not contravene (1) such Servicer’s charter or bylaws, (2) any law, rule or regulation applicable to the Servicer, (3) any contractual restriction binding on or affecting such Servicer or its property or (4) any order, writ, judgment, award, injunction or decree binding on or affecting such Servicer or its property, and (iv) do not result in or require the creation of any lien, security interest or other charge or encumbrance upon or with respect to any of its properties. This Agreement has been duly executed and delivered by such Servicer. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by such Servicer of this Agreement or any other document to be delivered by it hereunder. (d) This Agreement constitutes the legal, valid and binding obligation of such Servicer enforceable against the Servicer in accordance with its terms. (e) Since December 18, 2003 there has been no material adverse change in the business, operations, property or financial or other condition of the Parent Servicer on a consolidated basis. (f) There is no pending or, to such Servicer’s knowledge, threatened action, investigation or proceeding against such Servicer or any of its Subsidiaries before any court, governmental agency or arbitrator which is reasonably expected to materially adversely affect the ability of such Servicer to perform its obligations under this Agreement, or which purports to affect the legality, validity or enforceability of this Agreement. (g) On the date of each purchase and reinvestment (and after giving effect thereto), the sum of the Receivable Interests is not greater than the Maximum Purchaser Interest on such date. Each Receivable characterized in any Seller Report as an Eligible Receivable or as included in the Net Receivables Pool Balance is, as of the date of such Seller Report, an Eligible Receivable or properly included in the Net Receivables Pool Balance.

Representations and Warranties of the Servicers. (i) Each Servicer hereby represents and warrants to the Trustee, the Depositor, the Seller and the Owners, as to itself and its Mortgage Loan Servicing Group only, that as followsof the Startup Day: (a) Such Servicer It is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of its jurisdiction state of organizationincorporation, and is duly qualified in compliance with the laws of each state in which any Property is located to do business, the extent necessary to enable it to perform its obligations hereunder and is in good standing (or, as a foreign corporation in the case of the Nordtrac Group, otherwise has proper authority to conduct business), each jurisdiction in every jurisdiction where which the nature of its business, or the properties owned or leased by it make such qualification necessary. Such Servicer has all requisite corporate power and authority to own and operate its properties, to carry out its business requires it as presently conducted and as proposed to be so qualified, unless the failure conducted and to so qualify would not have a material adverse effect on (i) the interests of the Investors hereunder, (ii) the collectibility of the Receivables Pool, or (iii) the ability of the Servicer to perform enter into and discharge its obligations hereunderunder the Operative Documents to which it is a party. (b) The execution, execution and delivery and performance of the Operative Documents to which such Servicer is a party by such Servicer of this Agreement and any other documents to be delivered by it hereunder (i) are within such Servicer’s corporate powers, (ii) its performance and compliance with the terms thereof have been duly authorized by all necessary corporate action, (iii) do action on the part of such Servicer and will not contravene (1) violate such Servicer’s charter 's articles or bylawscertificate of incorporation or bylaws or constitute a default (or an event which, (2with notice or lapse of time, or both, would constitute a default) under, or result in the breach of, any lawmaterial contract, agreement or other instrument to which such Servicer is a party or by which such Servicer is bound or violate any statute or any order, rule or regulation applicable to the Servicer, (3) any contractual restriction binding on or affecting such Servicer or its property or (4) any order, writ, judgment, award, injunction or decree binding on or affecting such Servicer or its property, and (iv) do not result in or require the creation of any liencourt, security interest governmental agency or body or other charge or encumbrance upon or with respect to any of its properties. This Agreement has been duly executed and delivered by such Servicer. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by such Servicer of this Agreement or any other document to be delivered by it hereunder. (d) This Agreement constitutes the legal, valid and binding obligation of such Servicer enforceable against the Servicer in accordance with its terms. (e) Since December 18, 2003 there has been no material adverse change in the business, operations, property or financial or other condition of the Parent Servicer on a consolidated basis. (f) There is no pending or, to such Servicer’s knowledge, threatened action, investigation or proceeding against tribunal having jurisdiction over such Servicer or any of its Subsidiaries before properties. (c) Each Operative Document to which such Servicer is a party, assuming due authorization, execution and delivery by the other parties thereto, constitutes a valid, legal and binding obligation of such Servicer, enforceable against it in accordance with the terms thereof, except as the enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and by general principles of equity (whether considered in a proceeding or action in equity or at law). (d) Such Servicer is not in default with respect to any courtorder or decree of any court or any order, regulation or demand of any federal, state, municipal or governmental agency or arbitrator agency, which is reasonably expected to would materially and adversely affect the ability condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder. (e) No litigation is pending with respect to perform which such Servicer has received service of process or, to the best of such Servicer's knowledge, threatened against such Servicer which litigation would prohibit its obligations under this Agreement, entering into the Operative Documents to which such Servicer is a party or which purports to would materially and adversely affect the legalitycondition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder and under the other Operative Documents to which such Servicer is a party. (f) No certificate of an officer, validity statement furnished in writing or enforceability report delivered pursuant to the terms hereof by such Servicer contains any untrue statement of this Agreementa material fact or omits to state any material fact necessary to make the certificate, statement or report not misleading. (g) On the date of each purchase All actions, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights and reinvestment (and after giving effect thereto)licenses required to be taken, the sum of the Receivable Interests is not greater than the Maximum Purchaser Interest on such date. Each Receivable characterized in any Seller Report as an Eligible Receivable given or as included in the Net Receivables Pool Balance isobtained, as of the date of case may be, by or from any federal, state or other governmental authority or agency (other than any such Seller Report, an Eligible Receivable or properly included in the Net Receivables Pool Balance.actions,

Representations and Warranties of the Servicers. Each Servicer hereby represents and warrants to the Trustee, the Depositor, the Seller and the Owners, as to itself and its Mortgage Loan Servicing Group only, that as followsof the Startup Day: (a) Such Servicer It is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of its jurisdiction state of organizationincorporation, and is duly qualified in compliance with the laws of each state in which any Property is located to do business, the extent necessary to enable it to perform its obligations hereunder and is in good standing (or, as a foreign corporation in the case of the Nordtrac Group, otherwise has proper authority to conduct business), each jurisdiction in every jurisdiction where which the nature of its business, or the properties owned or leased by it make such qualification necessary. Such Servicer has all requisite corporate power and authority to own and operate its properties, to carry out its business requires it as presently conducted and as proposed to be so qualified, unless the failure conducted and to so qualify would not have a material adverse effect on (i) the interests of the Investors hereunder, (ii) the collectibility of the Receivables Pool, or (iii) the ability of the Servicer to perform enter into and discharge its obligations hereunderunder the Operative Documents to which it is a party. (b) The execution and delivery of the Operative Documents to which such Servicer is a party by such Servicer and its performance and compliance with the terms thereof have been duly authorized by all necessary corporate action on the part of such Servicer and will not violate such Servicer's articles or certificate of incorporation or bylaws or constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, or result in the breach of, any material contract, agreement or other instrument to which such Servicer is a party or by which such Servicer is bound or violate any statute or any order, rule or regulation of any court, governmental agency or body or other tribunal having jurisdiction over such Servicer or any of its properties. (c) Each Operative Document to which such Servicer is a party, assuming due authorization, execution and delivery by the other parties thereto, constitutes a valid, legal and binding obligation of such Servicer, enforceable against it in accordance with the terms thereof, except as the enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and by general principles of equity (whether considered in a proceeding or action in equity or at law). (d) Such Servicer is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or governmental agency, which would materially and adversely affect the condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder. (e) No litigation is pending with respect to which such Servicer has received service of process or, to the best of such Servicer's knowledge, threatened against such Servicer which litigation would prohibit its entering into the Operative Documents to which such Servicer is a party or would materially and adversely affect the condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder and under the other Operative Documents to which such Servicer is a party. (f) No certificate of an officer, statement furnished in writing or report delivered pursuant to the terms hereof by such Servicer contains any untrue statement of a material fact or omits to state any material fact necessary to make the certificate, statement or report not misleading. (g) All actions, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights and licenses required to be taken, given or obtained, as the case may be, by or from any federal, state or other governmental authority or agency (other than any such actions, approvals, etc. under any state securities laws, real estate syndication or "Blue Sky" statutes, as to which such Servicer makes no such representation or warranty), that are necessary or advisable in connection with the execution, delivery and performance by such Servicer of this Agreement and any other documents the Operative Documents to be delivered by which it hereunder (i) are within such Servicer’s corporate powersis a party, (ii) have been duly authorized taken, given or obtained, as the case may be, are in full force and effect on the date hereof, are not subject to any pending proceedings or appeals (administrative, judicial or otherwise) and either the time within which any appeal therefrom may be taken or review thereof may be obtained has expired or no review thereof may be obtained or appeal therefrom taken, and are adequate to authorize the consummation of the transactions contemplated by all necessary corporate action, (iii) do not contravene (1) such Servicer’s charter or bylaws, (2) any law, rule or regulation applicable to Operative Documents on the Servicer, (3) any contractual restriction binding on or affecting part of such Servicer or its property or (4) any order, writ, judgment, award, injunction or decree binding on or affecting such Servicer or its property, and (iv) do not result in or require the creation of any lien, security interest or other charge or encumbrance upon or with respect to any of its properties. This Agreement has been duly executed and delivered by such Servicer. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by such Servicer of this Agreement or any other document its obligations under such Operative Documents to be delivered by which it hereunderis a party. (dh) This Agreement constitutes The collection practices used by such Servicer with respect to the Mortgage Loans serviced by it have been, in all material respects, legal, valid proper, prudent and binding obligation customary in the mortgage servicing business. (i) The transactions contemplated by this Agreement are in the ordinary course of business of such Servicer. It is understood and agreed that the representations and warranties set forth in this Section 3.02 shall survive delivery of the Mortgage Loans to the Trustee. Upon discovery by any of the Seller, a Servicer, the Depositor or the Trustee (each, for purposes of this paragraph, a "party") of a breach of any of the representations and warranties set forth in this Section 3.02 which materially and adversely affects the interests of the Owners, the party discovering such breach shall give prompt written notice to the other parties (provided that one Servicer enforceable against need not give such notice to the other Servicers). Within 60 days of its discovery or its receipt of notice of such breach, (A) the related Servicer shall cure such breach in all material respects, (B) to the extent such breach relates to an Ameriquest Loan and can only be cured through repurchase or substitution of one or more Mortgage Loans, Ameriquest may so repurchase or substitute in the manner set forth in Section 3.04(b), and (C) to the extent that such breach is not cured in accordance with its terms. clause (eA) Since December 18or (B) above, 2003 there has been no material adverse change in the businessrelated Servicer may thereafter be removed pursuant to Section 8.20(a)(iv) hereof; provided, operationshowever, property or financial or other condition that if such Servicer can establish to the reasonable satisfaction of the Parent Servicer on a consolidated basis. (f) There Seller that it is no pending or, to such Servicer’s knowledge, threatened diligently pursuing remedial action, investigation or proceeding against such Servicer or any of its Subsidiaries before any court, governmental agency or arbitrator which is reasonably expected to materially adversely affect then the ability of such Servicer to perform its obligations under this Agreement, or which purports to affect cure period may be extended with the legality, validity or enforceability of this Agreement. (g) On the date of each purchase and reinvestment (and after giving effect thereto), the sum written approval of the Receivable Interests is Seller, which such written approval shall not greater than the Maximum Purchaser Interest on such date. Each Receivable characterized in any Seller Report as an Eligible Receivable or as included in the Net Receivables Pool Balance is, as of the date of such Seller Report, an Eligible Receivable or properly included in the Net Receivables Pool Balancebe unreasonably withheld.

Representations and Warranties of the Servicers. (i) Each Servicer hereby represents and warrants to the Trustee, the Depositor, the Seller and the Owners, as to itself and its Mortgage Loan Servicing Group only, that as followsof the Startup Day: (a) Such Servicer It is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of its jurisdiction state of organizationincorporation, and is duly qualified in compliance with the laws of each state in which any Property is located to do business, the extent necessary to enable it to perform its obligations hereunder and is in good standing (or, as a foreign corporation in the case of the Nordtrac Group, otherwise has proper authority to conduct business), each jurisdiction in every jurisdiction where which the nature of its business, or the properties owned or leased by it make such qualification necessary. Such Servicer has all requisite corporate power and authority to own and operate its properties, to carry out its business requires it as presently conducted and as proposed to be so qualified, unless the failure conducted and to so qualify would not have a material adverse effect on (i) the interests of the Investors hereunder, (ii) the collectibility of the Receivables Pool, or (iii) the ability of the Servicer to perform enter into and discharge its obligations hereunderunder the Operative Documents to which it is a party. (b) The execution and delivery of the Operative Documents to which such Servicer is a party by such Servicer and its performance and compliance with the terms thereof have been duly authorized by all necessary corporate action on the part of such Servicer and will not violate such Servicer's articles or certificate of incorporation or bylaws or constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, or result in the breach of, any material contract, agreement or other instrument to which such Servicer is a party or by which such Servicer is bound or violate any statute or any order, rule or regulation of any court, governmental agency or body or other tribunal having jurisdiction over such Servicer or any of its properties. (c) Each Operative Document to which such Servicer is a party, assuming due authorization, execution and delivery by the other parties thereto, constitutes a valid, legal and binding obligation of such Servicer, enforceable against it in accordance with the terms thereof, except as the enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and by general principles of equity (whether considered in a proceeding or action in equity or at law). (d) Such Servicer is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or governmental agency, which would materially and adversely affect the condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder. (e) No litigation is pending with respect to which such Servicer has received service of process or, to the best of such Servicer's knowledge, threatened against such Servicer which litigation would prohibit its entering into the Operative Documents to which such Servicer is a party or would materially and adversely affect the condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder and under the other Operative Documents to which such Servicer is a party. (f) No certificate of an officer, statement furnished in writing or report delivered pursuant to the terms hereof by such Servicer contains any untrue statement of a material fact or omits to state any material fact necessary to make the certificate, statement or report not misleading. (g) All actions, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights and licenses required to be taken, given or obtained, as the case may be, by or from any federal, state or other governmental authority or agency (other than any such actions, approvals, etc. under any state securities laws, real estate syndication or "Blue Sky" statutes, as to which such Servicer makes no such representation or warranty), that are necessary or advisable in connection with the execution, delivery and performance by such Servicer of this Agreement and any other documents the Operative Documents to be delivered by which it hereunder (i) are within such Servicer’s corporate powersis a party, (ii) have been duly authorized taken, given or obtained, as the case may be, are in full force and effect on the date hereof, are not subject to any pending proceedings or appeals (administrative, judicial or otherwise) and either the time within which any appeal therefrom may be taken or review thereof may be obtained has expired or no review thereof may be obtained or appeal therefrom taken, and are adequate to authorize the consummation of the transactions contemplated by all necessary corporate action, (iii) do not contravene (1) such Servicer’s charter or bylaws, (2) any law, rule or regulation applicable to Operative Documents on the Servicer, (3) any contractual restriction binding on or affecting part of such Servicer or its property or (4) any order, writ, judgment, award, injunction or decree binding on or affecting such Servicer or its property, and (iv) do not result in or require the creation of any lien, security interest or other charge or encumbrance upon or with respect to any of its properties. This Agreement has been duly executed and delivered by such Servicer. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by such Servicer of this Agreement or any other document its obligations under such Operative Documents to be delivered by which it hereunderis a party. (dh) This Agreement constitutes The collection practices used by such Servicer with respect to the Mortgage Loans serviced by it have been, in all material respects, legal, valid proper, prudent and binding obligation customary in the mortgage servicing business. (i) The transactions contemplated by this Agreement are in the ordinary course of business of such Servicer. It is understood and agreed that the representations and warranties set forth in this Section 3.02 shall survive delivery of the Mortgage Loans to the Trustee. (ii) Upon discovery by any of the Seller, a Servicer, the Depositor or the Trustee (each, for purposes of this paragraph, a "party") of a breach of any of the representations and warranties set forth in this Section 3.02 which materially and adversely affects the interests of the Owners, the party discovering such breach shall give prompt written notice to the other parties (provided that one Servicer enforceable against need not give such notice to the other Servicers). Within 60 days of its discovery or its receipt of notice of such breach, the related Servicer shall (A) cure such breach in all material respects, (B) to the extent such breach can only be cured through repurchase or substitution of one or more Mortgage Loans, the Servicer (other than Advanta) may so repurchase or substitute in the manner set forth in Section 3.04(b), and (C) to the extent that such breach is not cured in accordance with its terms. clause (eA) Since December 18or (B) above, 2003 there has been no material adverse change in the businessrelated Servicer may thereafter be removed pursuant to Section 8.20(a)(iv) hereof; provided, operationshowever, property or financial or other condition that if such Servicer can establish to the reasonable satisfaction of the Parent Servicer on a consolidated basis. (f) There Seller that it is no pending or, to such Servicer’s knowledge, threatened diligently pursuing remedial action, investigation or proceeding against such Servicer or any of its Subsidiaries before any court, governmental agency or arbitrator which is reasonably expected to materially adversely affect then the ability of such Servicer to perform its obligations under this Agreement, or which purports to affect cure period may be extended with the legality, validity or enforceability of this Agreement. (g) On the date of each purchase and reinvestment (and after giving effect thereto), the sum written approval of the Receivable Interests is Seller, which such written approval shall not greater than the Maximum Purchaser Interest on such date. Each Receivable characterized in any Seller Report as an Eligible Receivable or as included in the Net Receivables Pool Balance is, as of the date of such Seller Report, an Eligible Receivable or properly included in the Net Receivables Pool Balancebe unreasonably withheld.

Representations and Warranties of the Servicers. (i) Each Servicer hereby represents and warrants to the Trustee, the Depositor, the Seller, the Certificate Insurer and the Owners, as to itself only, that as followsof the Startup Day: (a) Such Servicer It is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of its jurisdiction state of organizationincorporation, and is duly qualified in compliance with the laws of each state in which any Property is located to do business, the extent necessary to enable it to perform its obligations hereunder and is in good standing (or, as a foreign corporation in the case of the Nordtrac Group, otherwise has proper authority to conduct business), each jurisdiction in every jurisdiction where which the nature of its business, or the properties owned or leased by it make such qualification necessary. Such Servicer has all requisite corporate power and authority to own and operate its properties, to carry out its business requires it as presently conducted and as proposed to be so qualified, unless the failure conducted and to so qualify would not have a material adverse effect on (i) the interests of the Investors hereunder, (ii) the collectibility of the Receivables Pool, or (iii) the ability of the Servicer to perform enter into and discharge its obligations hereunderunder the Operative Documents to which it is a party. (b) The execution and delivery of the Operative Documents to which such Servicer is a party by such Servicer and its performance and compliance with the terms thereof have been duly authorized by all necessary corporate action on the part of such Servicer and will not violate such Servicer's articles or certificate of incorporation or bylaws or constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, or result in the breach of, any material contract, agreement or other instrument to which such Servicer is a party or by which such Servicer is bound or violate any statute or any order, rule or regulation of any court, governmental agency or body or other tribunal having jurisdiction over such Servicer or any of its properties. (c) Each Operative Document to which such Servicer is a party, assuming due authorization, execution and delivery by the other parties thereto, constitutes a valid, legal and binding obligation of such Servicer, enforceable against it in accordance with the terms thereof, except as the enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and by general principles of equity (whether considered in a proceeding or action in equity or at law). (d) Such Servicer is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or governmental agency, which would materially and adversely affect the condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder. (e) No litigation is pending with respect to which such Servicer has received service of process or, to the best of such Servicer's knowledge, threatened against such Servicer which litigation would prohibit its entering into the Operative Documents to which such Servicer is a party or would materially and adversely affect the condition (financial or otherwise) or operations of such Servicer or its properties or would materially and adversely affect its performance hereunder and under the other Operative Documents to which such Servicer is a party. (f) No certificate of an officer, statement furnished in writing or report delivered pursuant to the terms hereof by such Servicer contains any untrue statement of a material fact or omits to state any material fact necessary to make the certificate, statement or report not misleading. (g) All actions, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights and licenses required to be taken, given or obtained, as the case may be, by or from any federal, state or other governmental authority or agency (other than any such actions, approvals, etc. under any state securities laws, real estate syndication or "Blue Sky" statutes, as to which such Servicer makes no such representation or warranty), that are necessary or advisable in connection with the execution, delivery and performance by such Servicer of this Agreement and any other documents the Operative Documents to be delivered by which it hereunder (i) are within such Servicer’s corporate powersis a party, (ii) have been duly authorized taken, given or obtained, as the case may be, are in full force and effect on the date hereof, are not subject to any pending proceedings or appeals (administrative, judicial or otherwise) and either the time within which any appeal therefrom may be taken or review thereof may be obtained has expired or no review thereof may be obtained or appeal therefrom taken, and are adequate to authorize the consummation of the transactions contemplated by all necessary corporate action, (iii) do not contravene (1) such Servicer’s charter or bylaws, (2) any law, rule or regulation applicable to the Servicer, (3) any contractual restriction binding Operative Documents on or affecting the part of such Servicer or its property or (4) any order, writ, judgment, award, injunction or decree binding on or affecting such Servicer or its property, and (iv) do not result in or require the creation of any lien, security interest or other charge or encumbrance upon or with respect to any of its properties. This Agreement has been duly executed and delivered by such Servicer. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by such Servicer of this Agreement or any other document its obligations under the Operative Documents to be delivered by which it hereunderis a party. (dh) This Agreement constitutes The collection practices used by such Servicer with respect to the Mortgage Loans serviced by it have been, in all material respects, legal, valid proper, prudent and binding obligation customary in the mortgage servicing business. (i) The transactions contemplated by this Agreement are in the ordinary course of business of such Servicer. It is understood and agreed that the representations and warranties set forth in this Section 3.02 shall survive delivery of the Mortgage Loans to the Trustee. (ii) Upon discovery by any of the Seller, a Servicer, the Depositor, the Certificate Insurer, or the Trustee (each, for purposes of this paragraph, a "party") of a breach of any of the representations and warranties set forth in this Section 3.02 which materially and adversely affects the interests of the Owners or of the Certificate Insurer, the party discovering such breach shall give prompt written notice to the other parties. Within 60 days of its discovery or its receipt of notice of such breach, the related Servicer enforceable against shall (A) cure such breach in all material respects to the satisfaction of the Certificate Insurer, (B) to the extent such breach can only be cured through repurchase or substitution of one or more Mortgage Loans, the Servicer (other than Advanta) may so repurchase or substitute in the manner set forth in Section 3.04(b), and (C) to the extent that such breach is not cured in accordance with its terms. clause (eA) Since December 18or (B) above, 2003 there has been no material adverse change in the businessrelated Servicer may thereafter be removed pursuant to Section 8.20(a)(iv) hereof; provided, operationshowever, property or financial or other condition that if any party can establish to the reasonable satisfaction of the Parent Servicer on a consolidated basis. (f) There Certificate Insurer that it is no pending or, to such Servicer’s knowledge, threatened diligently pursuing remedial action, investigation or proceeding against such Servicer or any of its Subsidiaries before any court, governmental agency or arbitrator which is reasonably expected to materially adversely affect then the ability of such Servicer to perform its obligations under this Agreement, or which purports to affect cure period may be extended with the legality, validity or enforceability of this Agreement. (g) On the date of each purchase and reinvestment (and after giving effect thereto), the sum written approval of the Receivable Interests is not greater than the Maximum Purchaser Interest on such date. Each Receivable characterized in any Seller Report as an Eligible Receivable or as included in the Net Receivables Pool Balance is, as of the date of such Seller Report, an Eligible Receivable or properly included in the Net Receivables Pool BalanceCertificate Insurer.