Second Lien Mortgage Loans. (i) Either (A) no consent for the Second Lien Mortgage Loan is required by the holder of the related first lien or (B) such consent has been obtained and is contained in the Mortgage File; (ii) With respect to any Second Lien Mortgage Loan, the Seller has not received notice of: (A) any proceeding for the total or partial condemnation of any Mortgaged Property, (B) any subsequent, intervening mortgage, lien, attachment, lis pendens or other encumbrance affecting any Mortgaged Property or (C) any default under any mortgage, lien or other encumbrance senior to each Mortgage; (iii) With respect to any Second Lien Mortgage Loan, where required or customary in the jurisdiction in which the Mortgaged Property is located, the original lender has filed of record a request for notice of any action by the senior lienholder under the related First Lien, and the original lender has notified any senior lienholder in writing of the existence of the Second Lien Mortgage Loan and requested notification of any action to be taken against the Mortgagor by the senior lienholder; (iv) No Second Lien Mortgage Loan is a "home equity line of credit" or Texas Home Equity Loan; and (v) As of the related Closing Date, the Seller has not received a notice of default of a First Lien which has not been cured.
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Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-17), Mortgage Loan Purchase Agreement (Structured Adjustable Rate Mortgage Loan Rate), Mortgage Loan Purchase Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a)
Second Lien Mortgage Loans. (i) Either (A) no consent for the Second Lien Mortgage Loan is required by the holder of the related first lien or (B) such consent has been obtained and is contained in the Mortgage File;
(ii) With respect to any Second Lien Mortgage Loan, the Seller has not received notice of: (A) any proceeding for the total or partial condemnation of any Mortgaged Property, (B) any subsequent, intervening mortgage, lien, attachment, lis pendens or other encumbrance affecting any Mortgaged Property or (C) any default under any mortgage, lien or other encumbrance senior to each Mortgage;
(iii) With respect to any Second Lien Mortgage Loan, where required or customary in the jurisdiction in which the Mortgaged Property is located, the original lender has filed of record a request for notice of any action by the senior lienholder under the related First Lien, and the original lender has notified any senior lienholder in writing of the existence of the Second Lien Mortgage Loan and requested notification of any action to be taken against the Mortgagor by the senior lienholder;
(iv) No Second Lien Mortgage Loan is a "“home equity line of credit" ” or Texas Home Equity Loan; and
(v) As of the related Closing Date, the Seller has not received a notice of default of a First Lien which has not been cured.
Appears in 5 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-10)
Second Lien Mortgage Loans. (i) Either (Aa) no consent for the Second Lien Mortgage Loan is required by the holder of the related first lien or (Bb) such consent has been obtained and is contained in the Mortgage File;
(ii) ; With respect to any Second Lien Mortgage Loan, the Seller Company has not received notice of: (Aa) any proceeding for the total or partial condemnation of any Mortgaged Property, (Bb) any subsequent, intervening mortgage, lien, attachment, lis pendens or other encumbrance affecting any Mortgaged Property or (Cc) any default under any mortgage, lien or other encumbrance senior to each Mortgage;
(iii) ; With respect to any Second Lien Mortgage Loan, where required or customary in the jurisdiction in which the Mortgaged Property is located, the original lender has filed of record a request for notice of any action by the senior lienholder under the related First LienLien Mortgage Loan, and the original lender has notified any senior lienholder in writing of the existence of the Second Lien Mortgage Loan and requested notification of any action to be taken against the Mortgagor by the senior lienholder;
(iv) No ; no Second Lien Mortgage Loan is a "“home equity line of credit" or Texas Home Equity Loan; and
(v) ”. As of the related Closing Date, the Seller Company has not received a notice of default of a First Lien Mortgage Loan which has not been cured.;
Appears in 4 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Sasco 2006-Bc3), Servicing Agreement (Sail 2006-3), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Sasco 2006-Bc4)
Second Lien Mortgage Loans. (i) Either (A) no consent for the Second Lien Mortgage Loan is required by the holder of the related first lien First Lien or (B) such consent has been obtained and is contained in the Mortgage File;
(ii) With respect to any Second Lien Mortgage Loan, the Seller has not received notice of: (A) any proceeding for the total or partial condemnation of any Mortgaged Property, (B) any subsequent, intervening mortgage, lien, attachment, lis pendens or other encumbrance affecting any such Mortgaged Property or (C) any default under any mortgage, lien or other encumbrance senior to each such Mortgage;
(iii) With respect to any Second Lien Mortgage Loan, where required or customary in the jurisdiction in which the Mortgaged Property is located, the original lender has filed of record a request for notice of any action by the senior lienholder under the related First Lien, and the original lender has notified any senior lienholder in writing of the existence of the Second Lien Mortgage Loan and requested notification of any action to be taken against the Mortgagor by the senior lienholder;
(iv) No Second Lien Mortgage Loan is a "home equity line of credit" or Texas Home Equity Loan; and
(v) As of the related Closing Date, the Seller has not received a notice of default of a First Lien which has not been cured.
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Second Lien Mortgage Loans. (i) Either (A) no consent for the Second Lien Mortgage Loan is required by the holder of the related first lien First Lien or (B) such consent has been obtained and is contained in the Mortgage File;
(ii) With respect to any Second Lien Mortgage Loan, the Seller Company has not received notice of: (A) any proceeding for the total or partial condemnation of any Mortgaged Property, (B) any subsequent, intervening mortgage, lien, attachment, lis pendens or other encumbrance affecting any Mortgaged Property or (C) any default under any mortgage, lien or other encumbrance senior to each Mortgage;
(iii) With respect to any Second Lien Mortgage Loan, where required or customary in the jurisdiction in which the Mortgaged Property is located, the original lender has filed of record a request for notice of any action by the senior lienholder under the related First Lien, and the original lender has notified any senior lienholder in writing of the existence of the Second Lien Mortgage Loan and requested notification of any action to be taken against the Mortgagor by the senior lienholder;
(iv) No Second Lien Mortgage Loan is a "“home equity line of credit" ” or Texas Home Equity Loan; and
(v) As of the related Closing Date, the Seller Company has not received a notice of default of a First Lien which has not been cured.;
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Second Lien Mortgage Loans. (i) Either (A) no consent for the Second Lien Mortgage Loan is required by the holder of the related first lien First Lien or (B) such consent has been obtained and is contained in the Mortgage File;
(ii) With respect to any Second Lien Mortgage Loan, the Seller has not received notice of: (A) any proceeding for the total or partial condemnation of any Mortgaged Property, (B) any subsequent, intervening mortgage, lien, attachment, lis pendens or other encumbrance affecting any such Mortgaged Property or (C) any default under any mortgage, lien or other encumbrance senior to each such Mortgage;
(iii) With respect to any Second Lien Mortgage Loan, where required or customary in the jurisdiction in which the Mortgaged Property is located, the original lender has filed of record a request for notice of any action by the senior lienholder under the related First Lien, and the original lender has notified any senior lienholder in writing of the existence of the Second Lien Mortgage Loan and requested notification of any action to be taken against the Mortgagor by the senior lienholder;
(iv) No Second Lien Mortgage Loan is a "“home equity line of credit" ” or Texas Home Equity Loan; and
(v) As of the related Closing Date, the Seller has not received a notice of default of a First Lien which has not been cured.
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