REPRESENTATIONS OF THE OWNER. The Owner represents, warrants and covenants to the Servicer as of the Effective Date: (a) The Owner is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization; (b) The Owner has the full power and authority to execute and deliver this Agreement and to perform in accordance herewith; the execution, delivery and performance of this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement) by the Owner and the consummation of the transactions contemplated hereby have been duly and validly authorized; this Agreement evidences the valid, binding and enforceable obligation of the Owner; and all requisite action has been taken by the Owner to make this Agreement valid and binding upon the Owner in accordance with its terms; and (c) The Owner holds the entire legal and beneficial title to each Mortgage Loan. The information provided to Servicer by Owner, and each Mortgage File, is complete, true and accurate in all material respects.
Appears in 6 contracts
Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4)
REPRESENTATIONS OF THE OWNER. The Owner represents, warrants and covenants to the Servicer as of the Effective Date:
(a) The Owner is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization;
(b) The Owner has the full power and authority to execute and deliver this Agreement and to perform in accordance herewith; the execution, delivery and performance of this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement) by the Owner and the consummation of the transactions contemplated hereby have been duly and validly authorized; this Agreement evidences the valid, binding and enforceable obligation of the Owner; and all requisite action has been taken by the Owner to make this Agreement valid and binding upon the Owner in accordance with its terms; and
(c) The Owner holds the entire legal and beneficial title to each Mortgage Loan. The information provided to Servicer by Owner, and each Mortgage File, is complete, true and accurate in all material respects.
Appears in 1 contract
Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-3)
