Common use of Restoration of Mortgaged Property Clause in Contracts

Restoration of Mortgaged Property. The Servicer need not obtain the approval of the Owner prior to releasing any Insurance Proceeds or Condemnation Proceeds to the Mortgagor to be applied to the restoration or repair of the Mortgaged Property if such release is in accordance with Customary Servicing Procedures. For claims greater than $15,000, at a minimum, the Servicer shall, to the extent permitted by the terms of the related Mortgage Note and applicable law, comply with the following conditions in connection with any such release of Insurance Proceeds or Condemnation Proceeds: (a) the Servicer shall receive satisfactory independent verification of completion of repairs and issuance of any required approvals with respect thereto; (b) the Servicer shall take all steps necessary to preserve the priority of the lien of the Mortgage, including, but not limited to requiring waivers with respect to mechanics’ and materialmen’s liens; (c) the Servicer shall verify that the Mortgage Loan is not in default; and (d) pending repairs or restoration, the Servicer shall place the Insurance Proceeds or Condemnation Proceeds in the Escrow Account. If the Owner is named as an additional loss payee, the Servicer is hereby empowered to endorse any loss draft issued in respect of such a claim in the name of the Owner.

Appears in 9 contracts

Samples: Flow Mortgage Loan Servicing Agreement (Sequoia Residential Funding Inc), Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-7), Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-3)

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Restoration of Mortgaged Property. The Servicer need not obtain the approval of the Owner Purchaser prior to releasing any Insurance Proceeds or Condemnation Proceeds to the Mortgagor to be applied to the restoration or repair of the Mortgaged Property if such release is in accordance with Customary Servicing Procedures. For claims greater than $15,00025,000, at a minimum, the Servicer shall, to the extent permitted by the terms of the related Mortgage Note and applicable law, comply with the following conditions in connection with any such release of Insurance Proceeds or Condemnation Proceeds: (a) the Servicer shall receive satisfactory independent verification of completion of repairs and issuance of any required approvals with respect thereto; (b) the Servicer shall take all steps necessary to preserve the priority of the lien of the Mortgage, including, but not limited to requiring waivers with respect to mechanics’ and materialmen’s liens; (c) the Servicer shall verify that the Mortgage Loan is not in default; and (d) pending repairs or restoration, the Servicer shall place the Insurance Proceeds or Condemnation Proceeds in the Escrow Account. If the Owner Purchaser is named as an additional loss payee, the Servicer is hereby empowered to endorse any loss draft issued in respect of such a claim in the name of the OwnerPurchaser.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Restoration of Mortgaged Property. The Servicer need not obtain the approval of the Owner or the Administrator prior to releasing any Insurance Proceeds or Condemnation Proceeds to the Mortgagor to be applied to the restoration or repair of the Mortgaged Property if such release is in accordance with Customary Accepted Servicing ProceduresPractices and in an amount not greater than $20,000. For claims greater than $15,00020,000, at a minimum, minimum the Servicer shall, to the extent permitted by the terms of the related Mortgage Note and applicable law, shall comply with Accepted Servicing Practices and the following conditions in connection with any such release of Insurance Proceeds or Condemnation Proceeds: (ai) the Servicer shall receive satisfactory independent verification of completion of repairs and issuance of any required approvals with respect thereto; (bii) the Servicer shall take all steps necessary to preserve the priority of the lien of the Mortgage, including, but not limited to requiring waivers with respect to mechanics’ and materialmen’s liens; (ciii) the Servicer shall verify that the Mortgage Loan is not in default; and (div) pending repairs or restoration, the Servicer shall place deposit the Insurance Proceeds or Condemnation Proceeds in the Escrow Account. If the Owner is named as an additional loss payee, the Servicer is hereby empowered to endorse any loss draft issued in respect of such a claim in the name of the Owner.

Appears in 1 contract

Samples: Servicing Agreement (Franklin Credit Holding Corp/De/)

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Restoration of Mortgaged Property. The Servicer Company need not obtain the approval of the Owner Purchaser prior to releasing any Insurance Proceeds or Condemnation Proceeds to the Mortgagor to be applied to the restoration or repair of the Mortgaged Property if such release is in accordance with Customary Accepted Servicing ProceduresPractices. For claims greater than $15,000, at a minimum, the Servicer Company shall, to the extent permitted by the terms of the related Mortgage Note and applicable lawApplicable Law, comply with the following conditions in connection with any such release of Insurance Proceeds or Condemnation Proceeds: (a) the Servicer Company shall receive satisfactory independent verification of completion of repairs and issuance of any required approvals with respect thereto; (b) the Servicer Company shall take all steps necessary to preserve the priority of the lien of the Mortgage, including, but not limited to requiring waivers with respect to mechanics’ and materialmen’s liens; (c) the Servicer Company shall verify that the Mortgage Loan is not in default; and (d) pending repairs or restoration, the Servicer Company shall place the Insurance Proceeds or Condemnation Proceeds in the Escrow Account. If the Owner Purchaser is named as an additional loss payee, the Servicer Company is hereby empowered to endorse any loss draft issued in respect of such a claim in the name of the OwnerPurchaser.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Interim Servicing Agreement (Five Oaks Investment Corp.)

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