Common use of Sale and Purchase of Mortgage Loans Clause in Contracts

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23, 2005 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February 1, 2005 (the “Cut-off Date”), of $1,097,833,204.51, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Homebanc Corp), Mortgage Loan Purchase Agreement (HMB Acceptance Corp.)

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Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23May 27, 2005 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February May 1, 2005 (the “Cut-off Date”), of $1,097,833,204.51985,673,426.69, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Homebanc Corp), Mortgage Loan Purchase Agreement (HomeBanc Mortgage Trust 2005-3)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23August 30, 2005 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February August 1, 2005 (the “Cut-off Date”), of $1,097,833,204.511,120,598,134, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Homebanc Corp), Mortgage Loan Purchase Agreement (HomeBanc Mortgage Trust 2005-4)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23November 30, 2005 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February November 1, 2005 (the “Cut-off Date”), of $1,097,833,204.511,000,713,642, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Homebanc Corp), Mortgage Loan Purchase Agreement (HomeBanc Mortgage Trust 2005-5)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23, 2005 [ ] (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February 1, 2005 [ ] (the “Cut-off Date”), of $1,097,833,204.51[ ], including all related [Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds Proceeds] and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer [Transfer] [Pooling] and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (TBALT Corp.), Mortgage Loan Purchase Agreement (HMB Acceptance Corp.)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23March 31, 2005 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February March 1, 2005 (the “Cut-off Date”), of $1,097,833,204.51176,016,494, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Homebanc Corp), Mortgage Loan Purchase Agreement (HomeBanc Mortgage Trust 2005-2)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller agrees hereby sells, transfers and assigns to sell, and the Depositor agrees to purchase, on the date of issuance of the Securities, which is expected to be on or about February 23November 30, 2005 2006 (the “Closing Date”), and the Depositor hereby purchases, the Mortgage Loans having an aggregate principal balance as of February November 1, 2005 2006 (the “Cut-off Date”), of $1,097,833,204.51456,337,191.70, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing. (b) The Seller and the Depositor have agreed upon which of the mortgage loans owned by the Seller are to be purchased by the Depositor pursuant to this Agreement, and the Seller has prepared, or has provided information to the Depositor enabling the Depositor to prepare, Schedule I attached hereto (“Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor as of the Closing Date. The Seller shall, with the Depositor’s consent, amend or modify, or provide information to the Depositor enabling the Depositor to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller and accepted by the Depositor on the Closing Date. Schedule I, as so amended or modified, shall conform to the requirements of the Depositor as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer and Servicing Agreement, and shall be the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (HomeBanc Mortgage Trust 2006-2), Mortgage Loan Purchase Agreement (Homebanc Corp)

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Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller SFM agrees to sell, and the Depositor SAXON agrees to purchase, on the date of the issuance of the SecuritiesCertificates, which is expected to be on or about February 23August 3, 2005 2007 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February the later of July 1, 2005 2007 and the date of origination of each such Mortgage Loan (the “Cut-off Date”) (or, in the case of Mortgage Loans originated after the Cut-off Date but on or prior to the date of this Agreement, the date of origination), of approximately $1,097,833,204.51, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing1,412,940,626.93. (b) The Seller SFM and the Depositor SAXON have agreed upon which of the mortgage loans owned by the Seller SFM are to be purchased by the Depositor SAXON pursuant to this Agreement, and the Seller SFM has prepared, or has provided information to the Depositor SAXON enabling the Depositor SAXON to prepare, Schedule I schedules attached hereto as Schedules IA and IB (together, “Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor SAXON as of the Closing Date. The Seller SFM shall, with the DepositorSAXON’s consent, amend or modify, or provide information to the Depositor SAXON enabling the Depositor SAXON to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller SFM and accepted by the Depositor SAXON on the Closing Date. Schedule IIA (which lists the Group 1 Mortgage Loans) and Schedule IB (which lists the Group 2 Mortgage Loans), as so amended or modified, shall conform to the requirements of the Depositor SAXON as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer Pooling and Servicing Agreement, and shall be used as the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer Pooling and Servicing Agreement. (c) The sale of the Mortgage Loans shall be effected pursuant to a Xxxx of Sale substantially in the form attached hereto as Exhibit A (the “Xxxx of Sale”).

Appears in 1 contract

Samples: Sales Agreement (Sast 2007-3)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller SMI agrees to sell, and the Depositor Saxon agrees to purchase, on the date of the issuance of the SecuritiesCertificates, which is expected to be on or about February 23June 24, 2005 1997 (the "Closing Date"), the Mortgage Loans having an aggregate principal balance as of February June 1, 2005 1997 (the "Cut-off Off Date"), of approximately $1,097,833,204.51468,862,905, including all related Mortgage Files together with the Class C Certificates and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds 99.99% of the foregoingClass R Certificates. (b) The Seller SMI and the Depositor Saxon have agreed upon which of the mortgage loans owned by the Seller SMI are to be purchased by the Depositor Saxon pursuant to this Agreement, and the Seller SMI has prepared, or has provided information to the Depositor Saxon enabling the Depositor Saxon to prepare, Schedule I schedules attached hereto as Schedules IA and IB (collectively, "Schedule I"), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor Saxon as of the Closing Date. The Seller SMI shall, with the Depositor’s Saxon's consent, amend or modify, or provide information to the Depositor Saxon enabling the Depositor Saxon to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller SMI and accepted by the Depositor Saxon on the Closing Date. Schedule IIA (which lists the Mortgage Loans in the Fixed Rate Group) and Schedule IB (which lists the Mortgage Loans in the Variable Rate Group), as so amended or modified, shall conform to the requirements of the Depositor Saxon as set forth in this Agreement and to the definition of "Mortgage Loan Schedule" under the Transfer and Servicing AgreementStandard Terms, and shall be used as the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer and Servicing Trust Agreement. (c) The sale of the Mortgage Loans shall be effected pursuant to the Xxxx of Sale substantially in the form attached hereto as Exhibit A (the "Xxxx of Sale").

Appears in 1 contract

Samples: Trust Agreement (Saxon Asset Securities Co)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller SFM agrees to sell, and the Depositor SAXON agrees to purchase, on the date of the issuance of the SecuritiesCertificates, which is expected to be on or about February 23April 30, 2005 2007 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February April 1, 2005 2007 (the “Cut-off Date”) (or, in the case of Mortgage Loans originated after the Cut-off Date but on or prior to the date of this Agreement, the date of origination), of approximately $1,097,833,204.51, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing870,703,726.25. (b) The Seller SFM and the Depositor SAXON have agreed upon which of the mortgage loans owned by the Seller SFM are to be purchased by the Depositor SAXON pursuant to this Agreement, and the Seller SFM has prepared, or has provided information to the Depositor SAXON enabling the Depositor SAXON to prepare, Schedule I schedules attached hereto as Schedules IA and IB (together, “Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor SAXON as of the Closing Date. The Seller SFM shall, with the DepositorSAXON’s consent, amend or modify, or provide information to the Depositor SAXON enabling the Depositor SAXON to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller SFM and accepted by the Depositor SAXON on the Closing Date. Schedule IIA (which lists the Group 1 Mortgage Loans) and Schedule IB (which lists the Group 2 Mortgage Loans), as so amended or modified, shall conform to the requirements of the Depositor SAXON as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer Pooling and Servicing Agreement, and shall be used as the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer Pooling and Servicing Agreement. (c) The sale of the Mortgage Loans shall be effected pursuant to a Bxxx of Sale substantially in the form attached hereto as Exhibit A (the “Bxxx of Sale”).

Appears in 1 contract

Samples: Sales Agreement (Sast 2007-2)

Sale and Purchase of Mortgage Loans. (a) Subject to the terms and conditions of this Agreement, the Seller SFM agrees to sell, and the Depositor SAXON agrees to purchase, on the date of the issuance of the SecuritiesCertificates, which is expected to be on or about February 23March 7, 2005 2007 (the “Closing Date”), the Mortgage Loans having an aggregate principal balance as of February 1, 2005 2007 (the “Cut-off Date”) (or, in the case of Mortgage Loans originated after the Cut-off Date but on or prior to the date of this Agreement, the date of origination), of approximately $1,097,833,204.51, including all related Mortgage Files and any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries relating to the Mortgage Loans, and all income, revenues, issues products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing622,167,806.96. (b) The Seller SFM and the Depositor SAXON have agreed upon which of the mortgage loans owned by the Seller SFM are to be purchased by the Depositor SAXON pursuant to this Agreement, and the Seller SFM has prepared, or has provided information to the Depositor SAXON enabling the Depositor SAXON to prepare, Schedule I schedules attached hereto as Schedules IA and IB (together, “Schedule I”), setting forth information with respect to the Mortgage Loans to be purchased by the Depositor SAXON as of the Closing Date. The Seller SFM shall, with the DepositorSAXON’s consent, amend or modify, or provide information to the Depositor SAXON enabling the Depositor SAXON to amend or modify Schedule I on or prior to the Closing Date if necessary to reflect the actual Mortgage Loans transferred by the Seller SFM and accepted by the Depositor SAXON on the Closing Date. Schedule IIA (which lists the Group 1 Mortgage Loans) and Schedule IB (which lists the Group 2 Mortgage Loans), as so amended or modified, shall conform to the requirements of the Depositor SAXON as set forth in this Agreement and to the definition of “Mortgage Loan Schedule” under the Transfer Pooling and Servicing Agreement, and shall be used as the definitive Mortgage Loan Schedule attached as an exhibit to the Transfer Pooling and Servicing Agreement. (c) The sale of the Mortgage Loans shall be effected pursuant to a Xxxx of Sale substantially in the form attached hereto as Exhibit A (the “Xxxx of Sale”).

Appears in 1 contract

Samples: Sales Agreement (Saxon Asset Securities Trust 2007-1)

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