Common use of Sale of Mortgage Loans; Assignment of the Servicing Agreement Clause in Contracts

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the agreement.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Harborview Mortgage Loan Trust 2006-1), Mortgage Loan Purchase Agreement (HarborView Mortgage Loan Trust 2005-16), Mortgage Loan Purchase Agreement (Harborview 2006-4)

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Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (Dsla 2007-Ar1), Mortgage Loan Purchase Agreement (HarborView 2006-Sb1), Mortgage Loan Purchase Agreement (Harborview 2006-3)

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Cut- Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Cut- Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Cut- Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2007-1), Mortgage Loan Purchase Agreement (HarborView 2006-11), Mortgage Loan Purchase Agreement (HarborView 2006-12)

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the each agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Harborview 2006-9)

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the each Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the each Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Harborview 2006-7)

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the related Cut-Off Date and all collections in respect of interest and principal due after the related Cut-Off Date (and all principal received before the related Cut-Off Date to the extent such principal relates to a Monthly Payment due after the related Cut-Off Date) (other than (a) the Servicing Rights with respect to the Mortgage Loans and (b) any Reserved Rights with respect to the Mortgage Loans); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement Assignment Agreements to the extent relating to the Mortgage Loans (other than (a) the Servicing Rights with respect to the Mortgage Loans and (b) the Reserved Rights with respect to the Mortgage Loans). The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement Assignment Agreements as if the Purchaser had been a party to the such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (HarborView 2006-10)

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Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Harborview Mortgage Loan Trust 2006-Cb1)

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date) (other than (a) the Servicing Rights with respect to the SRO Mortgage Loans (each as defined in the Pooling and Servicing Agreement) and (b) any Reserved Rights with respect to the Mortgage Loans); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement Assignment Agreements to the extent relating to the Mortgage Loans (other than (a) the Servicing Rights with respect to the SRO Mortgage Loans and (b) the Reserved Rights with respect to the Mortgage Loans). The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement Assignment Agreements as if the Purchaser had been a party to the such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (HarborView 2007-3)

Sale of Mortgage Loans; Assignment of the Servicing Agreement. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans and (iv) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under the Servicing Agreement and the Letter Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under the Servicing Agreement and the Letter Agreement as if the Purchaser had been a party to the such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (RBSGC 2007-A)

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