Servicing and Originations Matters Clause Samples

Servicing and Originations Matters. (a) The Company acts as loan servicer or subservicer under each of the Servicing Agreements set forth on Section 4.19(a)(xx) of the Disclosure Letter and the Company does not act as a loan servicer or loan subservicer except pursuant to a Servicing Agreement set forth on Section 4.19(a)(xx) of the Disclosure Letter. Section 4.26(a) of the Disclosure Letter sets forth, for each Servicing Agreement in effect on the Effective Date, the name of the applicable securitization transaction or third party for whom the Serviced Loans are serviced. The Company has made available to Purchaser true and complete copies of all written Servicing Agreements to which the Company is a party as of the Effective Date. Except as set forth on Section 4.26(a) of the Disclosure Letter, the Company has not engaged subservicers (other than: (i) the Company or (ii) customary third party contractors, including property preservation field contractors and realtors) in the servicing of any loans for which it acts as loan servicer other than third party collection agencies to collect deficiencies after foreclosure or repossession. (b) The Company is in compliance in all material respects with all Applicable Requirements applicable to Mortgage Loans. The Company has timely filed in all material respects, all reports that any Investor, Insurer, Agency or Governmental Authority, or other third party requires that it file with respect to Mortgage Loans. The Company has not done or caused to be done, or has not failed or omitted to do, any act, the effect of which would operate to invalidate or materially impair (1) any mortgage insurance or commitment of any mortgage insurer to insure, (2) any title insurance policy, (3) any hazard insurance policy, (4) any flood insurance policy, (5) any fidelity bond, direct surety bond, or errors and omissions insurance policy required by private mortgage insurers, or (6) any surety or guaranty agreement, in each case applicable to the Mortgage Loans. Seller has delivered or made available to Purchaser true and complete copies of each audit report by any Agency related to any portfolio of Mortgage Loans serviced or subserviced by the Company or by any third party on behalf of the Company. (c) Except as set forth in Section 4.26(c) of the Disclosure Letter, no Agency, Investor or Insurer has (x) claimed in writing that the Company has violated or has not complied with the representations and warranties applicable with respect to any Sold Mortgage Loans orig...