Common use of Termination upon Liquidation or Purchase of all Mortgage Loans Clause in Contracts

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2003-10), Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-4), Pooling and Servicing Agreement (Mastr Seasoned Securitization Trust 2003-1)

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Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2005-25t1), Pooling and Servicing Agreement (Alternative Loan Trust 2006-12cb), Pooling and Servicing Agreement (Alternative Loan Trust 2005-46cb)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for both Mortgage Pools, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-9t1), Pooling and Servicing Agreement (Alternative Loan Trust 2006-13t1), Pooling and Servicing Agreement (Alternative Loan Trust 2006-9t1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-2cb), Pooling and Servicing Agreement (Alternative Loan Trust 2006-5t2), Pooling and Servicing Agreement (Alternative Loan Trust 2005-29cb)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCourx xx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Mortgage Assset Sec Trans Inc Mastr Alternative Loan 2002-2), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Asset Sec Tr 2002 5), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-7)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become in respect of REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Indymac MBS Inc), Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedx, the late Ambassador xxx xxxx Xxxxxsador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for each Mortgage Pool, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cer Ser 2002-1), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Certs Ser 2002 2), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cwalt Inc), Pooling and Servicing Agreement (Cwalt Inc), Pooling and Servicing Agreement (Alternative Loan Trust 2006-33cb)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCourx xx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent (5%) of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Certs Ser 2003-4), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Certs Ser 2003 4), Pooling and Servicing Agreement (Mortgage Asset Sec Transactions Inc Mastr Alt Ln Tr 2002 1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this AgreementAgreement and (c) the exchange of all Outstanding Regular Certificates by a single Holder for the Mortgage Loans and REO Properties remaining in the Trust Fund. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Josexx X. Xxxxxxx, the xxe late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five percent or less of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp), Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Cer Ser 1999-Tbc2), Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 1999-Tbc1)

Termination upon Liquidation or Purchase of all Mortgage Loans. (a) Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the TransferorServicer, the Master Servicer Seller and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (ai) the purchase by the Master Servicer Majority Class X Certificateholders or their designee (or the NIMS Insurer or the Servicer, to the extent provided herein) of all Mortgage Loans (and including REO PropertiesProperties not otherwise disposed of pursuant to Section 3.11(i)) remaining in the Trust Fund at the a price equal to the sum of (iA) 100% of the unpaid principal balance of each Mortgage Loan that is not a Nonrecoverable Mortgage Loan; (other than B) the Projected Net Liquidation Value of each Nonrecoverable Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate Loan (not including any REO), and (iiC) the lesser of (x) the appraised value of any REO Property as determined by a real estate broker meeting the higher of two appraisals completed qualifications, and applying broker’s price opinion methodology, generally acceptable to residential mortgage servicers, or other property valuation opinion methodology customarily used by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer residential mortgage servicers with respect to defaulted loans and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus Property. In addition, such purchase price as determined by the Servicer shall include with respect to the Mortgage Loans (including REO Properties) accrued and unpaid interest thereon at the applicable Net Mortgage Rate and Rate, except to the extent the Servicer was not or would not be required to make an Advance hereunder; and (bii) the later of (iA) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (iiB) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (ai) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance. If the Majority Class X Certificateholders fail to exercise their option to purchase the Mortgage Loans on the first Distribution Date on which they are entitled to do so, the NIMS Insurer, if any, so long as either the NIM Securities remain outstanding and are covered by the NIMS Insurer's, if any, guaranty or if the NIMS Insurer, if any, is owed amounts in respect of its guaranty of the NIM Securities, may exercise such option. In addition, at any time after the Pool Balance aggregates less than ten percent of the Cut-off Date Balance, the Servicer may notify the Majority Class X Certificateholders in writing that the Servicer intends to purchase all of the Mortgage LoansLoans and REO Properties for the purchase price specified in clause (i) above. If the Majority Class X Certificateholders do not exercise their option to purchase the Mortgage Loans and REO Properties as provided in this Section within 30 days following receipt of such notice, the Servicer may effect such purchase. Each of the Majority Class X Certificateholders and the NIMS Insurer, if any, has agreed, and the Servicer hereby agrees, not to cause the liquidation of the Trust Fund pursuant to this Section 9.1(a) so long as any NIM Securities remain outstanding. (b) With respect to any purchase pursuant to subsection (a), upon deposit of the price determined pursuant to subsection (a)(i) in the Distribution Account, the Trustee shall release or cause to be released to the purchaser of each such Mortgage Loan the related Mortgage File and shall execute and deliver such instruments of transfer or assignment prepared by the purchaser of such Mortgage Loan (including appropriate instruments with respect to any REO Property), in each case without recourse, as shall be necessary to vest in the purchaser of such Mortgage Loan any Mortgage Loan sold pursuant hereto, and the purchaser of such Mortgage Loan shall succeed to all the Trustee’s right, title and interest in and to such Mortgage Loan and all security and documents related thereto. Such assignment shall be an assignment outright and not for security. The purchaser of such Mortgage Loan shall thereupon own such Mortgage Loan, and all security and documents, free of any further obligation to the Trustee or the Certificateholders with respect thereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pas THR Certs Series 2003 3), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pass THR Certs Ser 2003-2), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pas THR Certs Series 2003 3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Josexx X. Xxxxxxx, the xxe late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp), Pooling and Servicing Agreement (Mellon Residential Funding Corp), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of the (ai) the purchase by the Master Servicer Depositor of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (ia) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (iib) the lesser of the (x1) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer Depositor at the expense of the Master Servicer Depositor and (y2) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (c) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of a representation or warranty of clause (7) on Schedule III, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (bii) the later of the (ia) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (iib) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of the (ix) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof of this Agreement and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.y)

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (BellaVista Funding CORP), Pooling and Servicing Agreement (BellaVista Mortgage Trust 2004-2), Pooling and Servicing Agreement (BellaVista Mortgage Trust 2005-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law that also constitutes an actual breach of clause (50) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property in and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage LoansOptional Termination Date.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa17), Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa12), Pooling and Servicing Agreement (Alternative Loan Trust 2005-44)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for each Mortgage Pool, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.03 and Section 9.04, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier earliest of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) at a price (the "Termination Price") equal to the sum of (i) 100% of the Stated Principal Balance of each Mortgage Loan (other than in respect of an REO Property), (ii) accrued interest thereon at the applicable Mortgage Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate), (iii) the appraised value of any REO Property (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee and (iv) plus, if the Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any unreimbursed Advances, made on the Mortgage Loans prior to the exercise of such repurchase, (b) the purchase by the Winning Bidder of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal after a Successful Auction is conducted pursuant to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which Section 9.04 and the related Mortgaged Property has become REO Propertyauction proceeds are distributed pursuant to Section 9.02(c) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (bc) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties by the Terminator pursuant to clause (a) above of the immediately preceding paragraph shall be conditioned upon (1) the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage Loans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer. The Swap Trust shall terminate on the earliest of (i) the Swap Contract Termination Date, (ii) the reduction of the aggregate Class Certificate Balance of the Mortgage LoansLIBOR Certificates to zero and (iii) the termination of this Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oc10), Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oc11), Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oc10)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent (5%) of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Asset Securitization Transactions Inc), Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgage Trust 2003-2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law that also constitutes an actual breach of clause (50) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property in and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage LoansOptional Termination Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa9), Pooling and Servicing Agreement (Alternative Loan Trust 2005-59)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sXxxxx xx Xx. Xxxes's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent (5%) of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Asset Securit Trans Inc Mort Ps THR Cert Ser 2003-1), Pooling and Servicing Agreement (Mort Asset Sec Trans Mort Ps THR Certs Ser 2003-3)

Termination upon Liquidation or Purchase of all Mortgage Loans. (1) Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund relating to Loan Group 1 shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) in Loan Group 1 remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) in Loan Group 1 plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan in Loan Group 1 related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund with respect to Loan Group 1 that arise out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan in Loan Group 1 remaining in the Trust Fund and the disposition of all REO Property in Loan Group 1 and (ii) the distribution to the Certificateholders of the Group 1 Certificates of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (1)(a) in the preceding paragraph of this Section 9.01 only on or after the related Optional Termination Date. (2) Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Sellers, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund relating to Loan Group 2 shall terminate upon the earlier of (a) above shall be conditioned upon the Aggregate Pool Principal Balance, purchase by the Master Servicer of all Mortgage Loans (and REO Properties) in Loan Group 2 remaining in the Trust Fund at the time price equal to the sum of any such repurchase, aggregating less than five percent (i) 100% of the aggregate Cut-off Date Stated Principal Balance of each Mortgage Loan in Loan Group 2 plus one month's accrued interest thereon at the applicable Adjusted Mortgage LoansRate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the Stated Principal Balance of each Mortgage Loan in Loan Group 2 related to any REO Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund with respect to Loan Group 2 that arise out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan in Loan Group 2 remaining in the Trust Fund and the disposition of all REO Property in Loan Group 2 and (ii) the distribution to the Certificateholders of the Group 2 Certificates of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Joseph P. Kennedy, the late Ambasxxxxx xx xxx Xxxxed States to the Court of St. James's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (2)(a) in the preceding paragraph of this Section 9.01 only on or after the related Optional Termination Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2005-17), Pooling and Servicing Agreement (Alternative Loan Trust 2005-17)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the sum of the aggregate initial Cut-off Date Principal Balance of the Initial Mortgage LoansLoans and the Pre-Funded Amount.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund created hereby shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage LoansOptional Termination Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (Alternative Loan Trust 2005-38)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this AgreementAgreement and (c) the exchange of all Outstanding Regular Certificates by a single Holder for the Mortgage Loans and REO Properties remaining in the Trust Fund. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Josexx X. Xxxxxxx, the xxe late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating ten percent (10%) or less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Tr Se 2000 Tbc2), Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Cer Ser 2000-Tbc1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.03 and Section 9.04, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier earliest of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the “Terminator”) of all of the Mortgage Loans (and REO Properties) at a price (the “Termination Price”) equal to the sum of (i) 100% of the Stated Principal Balance of each Mortgage Loan (other than in respect of an REO Property), (ii) accrued interest thereon at the applicable Mortgage Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate), (iii) the appraised value of any REO Property (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee, (iv) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of clause (46) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Adjusted Mortgage Rate and (v) plus, if the Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any unreimbursed Advances, made on the Mortgage Loans prior to the exercise of such repurchase, (b) the purchase by the Winning Bidder of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal after a Successful Auction is conducted pursuant to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which Section 9.04 and the related Mortgaged Property has become REO Propertyauction proceeds are distributed pursuant to Section 9.02(c) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (bc) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties by the Terminator pursuant to clause (a) above of the immediately preceding paragraph of this Section 9.01 shall be conditioned upon (1) the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage LoansLoans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer’s purchase option shall require the prior written consent of the Master Servicer. The Swap Trust shall terminate on the earliest of (i) the Swap Contract Termination Date of the last outstanding Swap Contract and (ii) the termination of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oh3), Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oh2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the “Terminator”) of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than in respect of an REO Property), (ii) accrued interest thereon at the applicable Mortgage Loans for which Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate, (iii) the appraised value of any REO Property (up to the Stated Principal Balance of the related Mortgaged Property has become REO PropertyMortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee, (iv) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of clause (47) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iiv) plus, if the lesser of (x) Terminator is the appraised value NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any REO Property as determined by unreimbursed Advances, made on the higher Mortgage Loans prior to the exercise of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate such repurchase, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties by the Terminator pursuant to clause (a) above of the immediately preceding paragraph shall be conditioned upon (1) the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage Loans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer’s purchase option shall require the prior written consent of the Master Servicer. Notwithstanding the foregoing, the Master Servicer may purchase all Mortgage Loans and REO Properties in the Trust Fund only if either (a) any such purchase will not result in a draw upon the Policy or (b) the Master Servicer obtains the prior written consent of the Certificate Insurer. The Supplemental Interest Trust shall terminate on the earlier of (i) the reduction of the aggregate Class Certificate Balance of the Mortgage LoansLIBOR Certificates to zero, (ii) the Distribution Date in June 2017, following the distribution of any amounts in the Corridor Contract Reserve Fund and (iii) the termination of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oa10), Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oa10)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sXxxxx xx Xx. Xxxes's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwalt Inc), Pooling and Servicing Agreement (Alternative Loan Trust 2006-Hy3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any anti-predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Countrywide Home Loans 2005-J8), Pooling and Servicing Agreement (Alternative Loan Trust 2005-J10)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassaxxx xx xxx Xxxxxx States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CHL Mortgage Pass-Through Trust 2007-J1), Pooling and Servicing Agreement (Alternative Loan Trust 2006-36t2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc), Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSeller, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of a representation or warranty of clause (10) on Schedule IV, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof of this Agreement and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five or equal to ten percent of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CWMBS Inc), Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for both Mortgage Pools, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master 91 Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for both Mortgage Pools, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. (a) Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund relating to Aggregate Loan Group I shall terminate upon the earlier of (a1) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund Aggregate Loan Group I at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan in Aggregate Loan Group I (other than Mortgage Loans for which the related Mortgaged Property has become in respect of an REO Property), (ii) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) or, if such repurchase is effected by the lesser of Master Servicer, at the applicable Adjusted Mortgage Rate, (xiii) the appraised value of any REO Property as determined in Aggregate Loan Group I (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the higher of two appraisals completed by two independent appraisers selected by Terminator and the Master Servicer at the expense of the Master Servicer Trustee and (yiv) plus, if the unpaid Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal balance portion of each any unreimbursed Advances, made on the Mortgage Loans in Aggregate Loan related Group I prior to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate exercise of such repurchase, and (b2) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan in Aggregate Loan Group I remaining in the Trust Fund and the disposition of all REO Property in Aggregate Loan Group I and (ii) the distribution to related Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. . (b) The right to purchase all Mortgage Loans and REO Properties by the Terminator pursuant to clause (a) above of this Section 9.01 shall be conditioned upon (1) the Pool Stated Principal Balance in Aggregate Pool Principal BalanceLoan Group I, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance in Aggregate Loan Group I and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage Loans (and REO Properties) in remaining in Aggregate Loan Group I pursuant to this Section 9.01(a), the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer. (c) Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Sellers, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund relating to Aggregate Loan Group II shall terminate upon the earlier of (1) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) remaining in Aggregate Loan Group II at the price equal to the sum of (i) 100% of the Stated Principal Balance of each Mortgage Loan in Aggregate Loan Group II (other than in respect of an REO Property), (ii) 116 accrued interest thereon at the applicable Mortgage Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate, (iii) the appraised value of any REO Property in Aggregate Loan Group II (up to the Stated Principal Balance of the related Mortgage LoansLoan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee and (iv) plus, if the Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any unreimbursed Advances, made on the Mortgage Loans in Aggregate Loan Group II prior to the exercise of such repurchase, and (2) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan in Aggregate Loan Group II remaining in the Trust Fund and the disposition of all REO Property in Aggregate Loan Group II and (ii) the distribution to related Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Joseph P. Kennedy, the late Ambasxxxxx xx xxx Xxxxed States to the Court of St. James's, living on the date hereof and (ii) the Latest Possible Maturity Date. (d) The right to purchase all Mortgage Loans and REO Properties by the Terminator pursuant to clause (c) of this Section 9.01 shall be conditioned upon (1) the Pool Stated Principal Balance in Aggregate Loan Group II, at the time of any such repurchase, is less than or equal to ten percent (10%) of the Cut-off Date Pool Principal Balance in Aggregate Loan Group II and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage Loans (and REO Properties) in remaining in Aggregate Loan Group II pursuant to this Section 9.01(c), the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer. (e) The Supplemental Interest Trust shall terminate on the earlier of (i) the reduction of the aggregate Class Certificate Balance of the Certificates to zero and (ii) the termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CHL Mortgage Pass-Through Trust 2006-Oa5)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate aggregate of the Pool Principal BalanceBalances of both Mortgage Pools, at the time of any such repurchase, aggregating being less than five ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the both Mortgage LoansPools.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. (1) Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund relating to Aggregate Loan Group I shall terminate upon the earlier of (a) the purchase by the Master Servicer Depositor of all Mortgage Loans (and REO Properties) in Aggregate Loan Group I remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) in Aggregate Loan Group I plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer Depositor at the expense of the Master Servicer Depositor and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan in Aggregate Loan Group I related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund with respect to Aggregate Loan Group I that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of a representation or warranty of clause (13) on Schedule III, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan in Aggregate Loan Group I remaining in the Trust Fund and the disposition of all REO Property relating to Aggregate Loan Group I and (ii) the distribution to Certificateholders holders of Group I Certificates of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof of this Agreement and (ii) the Latest Possible Maturity Date. The Depositor shall have the right to purchase all Mortgage Loans and REO Properties relating to Aggregate Loan Group I pursuant to clause (a) above shall be conditioned upon in the preceding paragraph of this Section 9.01(1) only on or after the date on which the Pool Stated Principal Balance of Aggregate Pool Principal BalanceLoan Group I, at the time of any such repurchase, aggregating is less than five or equal to ten percent of the aggregate Pool Stated Principal Balance of Aggregate Loan Group I as of the Cut-off Date Date. (2) Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund relating to Aggregate Loan Group II shall terminate upon the earlier of (a) the purchase by the Depositor of all Mortgage Loans (and REO Properties) in Aggregate Loan Group II remaining in the Trust Fund at the price equal to the sum of (i) 100% of the Stated Principal Balance of each Mortgage Loan in Aggregate Loan Group II plus one month’s accrued interest thereon at the applicable Adjusted Mortgage LoansRate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Depositor at the expense of the Depositor and (y) the Stated Principal Balance of each Mortgage Loan in Aggregate Loan Group II related to any REO Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund with respect to Aggregate Loan Group II that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of a representation or warranty of clause (10) on Schedule III, in all cases plus accrued and unpaid interest thereon at the applicable Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan in Aggregate Loan Group II remaining in the Trust Fund and the disposition of all REO Property relating to Aggregate Loan Group II and (ii) the distribution to holders of Group II Certificates of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date of this Agreement and (ii) the Latest Possible Maturity Date. The Depositor shall have the right to purchase all Mortgage Loans and REO Properties relating to Aggregate Loan Group II pursuant to clause (a) in the preceding paragraph of this Section 9.01(2) only on or after the date on which the Pool Stated Principal Balance of Aggregate Loan Group II, at the time of any such repurchase, is less than or equal to ten percent of the Pool Stated Principal Balance of Aggregate Loan Group II as of the Cut-off Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BellaVista Mortgage Trust 2004-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sxx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent (5%) of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Tr MSTR Alt Ln Tr Mt Ps THR Ct Sr 2003-3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador xxx xxxx Xxxxxxador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mor Pass THR Cer Ser 2001-2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (iii) all amounts due the Certificate Insurer and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this AgreementAgreement and the payment of all amounts due the Certificate Insurer. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador xxxx Xxxxxxxxxx of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Master Servicer's determination that the burdens of servicing the Mortgage Loans exceed the benefits, but in no event earlier than when the Pool Principal Balance, at the time of any such repurchase, aggregating aggregates less than five or equal to ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans. In addition, the prior written consent of the Certificate Insurer shall be required if the exercise of such option would result in a draw on the Certificate Insurance Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, Balance at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Adj Rate Mort Tr 2002 3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law that also constitutes an actual breach of clause (50) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property in and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCoxxx xx Xx. Xxxxx's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above in the preceding paragraph of this Section 9.01 only on or after the Optional Termination Date. The Swap Trust shall be conditioned upon terminate on the Aggregate Pool Principal Balanceearliest of (i) the Swap Contract Termination Date, at (ii) the time of any such repurchase, aggregating less than five percent reduction of the aggregate Cut-off Date Principal Class Certificate Balance of the Mortgage LoansLIBOR Certificates and Class X-P Certificates to zero and (iii) the termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oh1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance Balance. The ES Grantor Trust shall terminate automatically upon termination of the Mortgage LoansTrust Fund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-J8)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass THR Certs Ser 1998-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Master Asset Securitization Trust 2001 1)

Termination upon Liquidation or Purchase of all Mortgage Loans. (a) Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the TransferorServicer, the Master Servicer Seller and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (ai) the purchase by the Master Servicer Class X holder or its designee of all Mortgage Loans (and including REO PropertiesProperties not otherwise disposed of pursuant to Section 3.11(i)) remaining in the Trust Fund at the a price equal to the sum of (iA) 100% of the unpaid principal balance Principal Balance of each Mortgage Loan that is not a Nonrecoverable Mortgage Loan; (other than B) the Projected Net Liquidation Value of each Nonrecoverable Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate Loan (not including any REO), and (iiC) the lesser of (x) the appraised value of any REO Property as determined by a real estate broker meeting the higher of two appraisals completed qualifications, and applying broker’s price opinion methodology, generally acceptable to residential mortgage servicers, or other property valuation opinion methodology customarily used by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer residential mortgage servicers with respect to defaulted loans and (y) the unpaid principal balance Principal Balance of each Mortgage Loan related to any REO Property plus Property. In addition, such purchase price as determined by the Servicer shall include with respect to the Mortgage Loans (including REO Properties) accrued and unpaid interest thereon at the applicable Net Mortgage Rate and Rate, except to the extent the Servicer was not or would not be required to make an Advance hereunder; and (bii) the later of (iA) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (iiB) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (ai) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance Balance. If the Class X Holder fails to exercise its option to purchase the Mortgage Loans on the Initial Optional Purchase Date, the NIMS Insurer, if any, so long as either the NIM Securities remain outstanding and are covered by the NIMS Insurer's, if any, guaranty or if the NIMS Insurer, if any, is owed amounts in respect of its guaranty of the NIM Securities, may exercise such option. Each of the Class X Holder and the NIMS Insurer, if any, has agreed not to cause the liquidation of the Trust Fund pursuant to this Section 9.1(a) so long as any NIM Securities remain outstanding. (b) With respect to any purchase pursuant to subsection (a), upon deposit of the price determined pursuant to subsection (a)(i) in the Distribution Account, the Trustee shall release or cause to be released to the purchaser of each such Mortgage LoansLoan the related Mortgage File and shall execute and deliver such instruments of transfer or assignment prepared by the purchaser of such Mortgage Loan (including appropriate instruments with respect to any REO Property), in each case without recourse, as shall be necessary to vest in the purchaser of such Mortgage Loan any Mortgage Loan sold pursuant hereto, and the purchaser of such Mortgage Loan shall succeed to all the Trustee’s right, title and interest in and to such Mortgage Loan and all security and documents related thereto. Such assignment shall be an assignment outright and not for security. The purchaser of such Mortgage Loan shall thereupon own such Mortgage Loan, and all security and documents, free of any further obligation to the Trustee or the Certificateholders with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador xxxx Xxxxxxxxxx of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate aggregate of the Pool Principal BalanceBalances for each Mortgage Pool, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Pool Principal Balance of all the Mortgage LoansPools.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance Balance. The Supplemental Interest Trust shall terminate automatically upon the termination of the Mortgage LoansCorridor Contract Reserve Fund. The ES Trust shall terminate automatically upon termination of the Trust Fund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-1t1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCxxxx xx Xx. Xxxxx's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating being less than five ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (iii) the amount of Reimbursement Amounts due to MBIA and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCourx xx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sXxxxx xx Xx. Xxxxs's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-21cb)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the sum of the aggregate Initial Cut-off Date Principal Balance of the Initial Mortgage LoansLoans and the Pre-Funded Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.0310.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer Seller of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer Seller at the expense of the Master Servicer Seller and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Monthly Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this AgreementAgreement (any such event, an “Optional Termination”). In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Scheduled Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the sum of the aggregate Cut-off Date Principal Balance of the Mortgage Loans. If the Seller elects to terminate the Trust Fund pursuant to clause (a) of Section 10.1, at least twenty (20) days prior to the date notice is to be mailed to the affected Certificateholders, the Seller shall notify the Depositor and the Trustee of the date the Seller intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Etrade Mortgage Backed Securities Corp)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law that also constitutes an actual breach of clause (46) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property in and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage LoansOptional Termination Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Al1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the portion of the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the remaining Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become in respect of an REO Property), (ii) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) or, if such repurchase is effected by the lesser of Master Servicer, at the applicable Adjusted Mortgage Rate, (xiii) the appraised value of any REO Property as determined (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the higher of two appraisals completed by two independent appraisers selected by Terminator and the Master Servicer at the expense of the Master Servicer Trustee and (yiv) plus, if the unpaid Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal balance portion of each any unreimbursed Advances, made on the Mortgage Loan related Loans prior to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate exercise of such repurchase, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to related Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause . (a1) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all of the remaining Mortgage LoansLoans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oa4)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-8)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of laxx Xxxxxxxxxx xx the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate aggregate of the Pool Principal BalanceBalances of both Mortgage Pools, at the time of any such repurchase, aggregating being less than five ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the both Mortgage LoansPools.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSeller, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this AgreementAgreement and (c) the exchange of all Outstanding Regular Certificates by a single Holder for the Mortgage Loans and REO Properties remaining in the Trust Fund. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Master Servicer’s determination that the burdens of servicing the Mortgage Loans exceed the benefits, but in no event earlier than when the Pool Stated Principal Balance, at the time of any such repurchase, aggregating aggregates ten percent (10%) or less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan in the Trust Fund (other than Mortgage Loans for which the related Mortgaged Property has become in respect of an REO Property), (ii) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) or, if such repurchase is effected by the lesser of Master Servicer, at the applicable Adjusted Mortgage Rate, (xiii) the appraised value of any REO Property as determined in the Trust Fund (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the higher of two appraisals completed by two independent appraisers selected by Terminator and the Master Servicer at the expense of the Master Servicer Trustee and (yiv) plus, if the unpaid Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal balance portion of each any unreimbursed Advances, made on the Mortgage Loan related Loans prior to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate exercise of such repurchase, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to related Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oc1)

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Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer holder of the Class C Certificates of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer holder of the Class C Certificates at the expense of the Master Servicer holder of the Class C Certificates and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of clause (45) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; or in the event the holder of the Class C Certificates does not exercise the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to this clause (a), the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price as set forth in subclauses (i), (ii) and (iii) above, with interest thereon at the applicable Mortgage Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The holder of the Class C Certificates shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above in the preceding paragraph of this Section 9.01; provided, however, that in no event shall be conditioned upon the Aggregate holder of the Class C Certificates exercise its right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) in the preceding paragraph of this Section 9.01 before the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Stated Principal Balance Balance. If the holder of the Class C Certificates does not exercise the right to purchase all Mortgage LoansLoans and REO Properties in the Trust Fund pursuant to clause (a0 in the first paragraph of this Section 9.01, then the Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) in the preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, is less than or equal to five percent (5%) of the Cut-off Date Pool Principal Balance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwalt Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. (a) Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the TransferorServicer, the Master Servicer Seller and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (ai) the purchase by the Master Servicer Majority Class X Certificateholders or their designee (or the NIMS Insurer or the Servicer, to the extent provided herein) of all Mortgage Loans (and including REO PropertiesProperties not otherwise disposed of pursuant to Section 3.11(i)) remaining in the Trust Fund at the a price equal to the sum of (iA) 100% of the unpaid principal balance of each Mortgage Loan that is not a Nonrecoverable Mortgage Loan; (other than B) the Projected Net Liquidation Value of each Nonrecoverable Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate Loan (not including any REO), and (iiC) the lesser of (x) the appraised value of any REO Property as determined by a real estate broker meeting the higher of two appraisals completed qualifications, and applying broker’s price opinion methodology, generally acceptable to residential mortgage servicers, or other property valuation opinion methodology customarily used by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer residential mortgage servicers with respect to defaulted loans and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus Property. In addition, such purchase price as determined by the Servicer shall include with respect to the Mortgage Loans (including REO Properties) accrued and unpaid interest thereon at the applicable Net Mortgage Rate and Rate, except to the extent the Servicer was not or would not be required to make an Advance hereunder; and (bii) the later of (iA) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (iiB) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (ai) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance. If the Majority Class X Certificateholders fail to exercise their option to purchase the Mortgage Loans on the first Distribution Date on which they are entitled to do so, the NIMS Insurer, if any, so long as either the NIM Securities remain outstanding and are covered by the NIMS Insurer's, if any, guaranty or if the NIMS Insurer, if any, is owed amounts in respect of its guaranty of the NIM Securities, may exercise such option. In addition, at any time after the Pool Balance aggregates less than ten percent of the Cut-off Date Balance, provided that the NIM Securities are no longer outstanding, the Servicer may notify the Majority Class X Certificateholders in writing that the Servicer intends to purchase all of the Mortgage LoansLoans and REO Properties for the purchase price specified in clause (i) above. If the Majority Class X Certificateholders do not exercise their option to purchase the Mortgage Loans and REO Properties as provided in this Section within 30 days following receipt of such notice, the Servicer may effect such purchase. Each of the Majority Class X Certificateholders and the NIMS Insurer, if any, has agreed, and the Servicer hereby agrees, not to cause the liquidation of the Trust Fund pursuant to this Section 9.1(a) so long as any NIM Securities remain outstanding. (b) With respect to any purchase pursuant to subsection (a), upon deposit of the price determined pursuant to subsection (a)(i) in the Distribution Account, the Trustee shall release or cause to be released to the purchaser of each such Mortgage Loan the related Mortgage File and shall execute and deliver such instruments of transfer or assignment prepared by the purchaser of such Mortgage Loan (including appropriate instruments with respect to any REO Property), in each case without recourse, as shall be necessary to vest in the purchaser of such Mortgage Loan any Mortgage Loan sold pursuant hereto, and the purchaser of such Mortgage Loan shall succeed to all the Trustee’s right, title and interest in and to such Mortgage Loan and all security and documents related thereto. Such assignment shall be an assignment outright and not for security. The purchaser of such Mortgage Loan shall thereupon own such Mortgage Loan, and all security and documents, free of any further obligation to the Trustee or the Certificateholders with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Sec Tr Mort Pass THR Cert Ser 2004 1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Josexx X. Xxxxxxx, the xxe late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of the (ai) the purchase by the Master Servicer Depositor of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (ia) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (iib) the lesser of the (x1) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer Depositor at the expense of the Master Servicer Depositor and (y2) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property and (c) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of a representation or warranty of clause (7) on Schedule III, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (bii) the later of the (ia) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (iib) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of the (ix) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof of this Agreement and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.y)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BellaVista Funding CORP)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan in the Trust Fund (other than Mortgage Loans for which the related Mortgaged Property has become in respect of an REO Property), (ii) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) or, if such repurchase is effected by the lesser of Master Servicer, at the applicable Adjusted Mortgage Rate, (xiii) the appraised value of any REO Property as determined in the Trust Fund (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the higher of two appraisals completed by two independent appraisers selected Terminator and the Trustee, (iv) any remaining unpaid costs and damages incurred by the Master Servicer at the expense Trust Fund that arises out of the Master Servicer an actual violation of any predatory or abusive lending law or regulation and (yv) plus, if the unpaid Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal balance portion of each any unreimbursed Advances, made on the Mortgage Loan related Loans prior to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate exercise of such repurchase, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to related Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCxxxx xx Xx. Xxxxx's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause . (a1) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage LoansLoans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa11)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) all reimbursement amounts due to MBIA as the insurer of the Insured Retail Certificates (ii) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (iiiii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Group 4 Mortgage Loans or Non-Group 4 Mortgage Loans, as applicable, (and related REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each such Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any related REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each such Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last such Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCourx xx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Group 4 Mortgage Loans and related REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Group 4 Pool Principal BalanceBalance at the time of any such repurchase, aggregating less than ten percent of the aggregate Cut-off Date Principal Balance of the Group 4 Mortgage Loans. The right to purchase all Non-Group 4 Mortgage Loans and related REO Properties pursuant to clause (a) above shall be conditioned upon the Non-Group 4 Pool Principal Balance at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Non-Group 4 Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Master Adjustable Rate Mortgages Trust 2003-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-Cut off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Incmastr Asset Sec Tr 2003 7)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law that also constitutes an actual breach of clause (52) on Schedule I to the Countrywide Acknowledgement, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property in and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage LoansOptional Termination Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.0312.3, the obligations and responsibilities of the Depositor, the TransferorOriginator, the Sellers, the Master Servicer, the Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) on any Distribution Date on which the sum of the aggregate Scheduled Principal Balance of the Mortgage Loans and the Pre-Funded Amount on such Distribution Date is [ - ]% or less than the sum of the aggregate Scheduled Principal Balance of the Mortgage Loans as of the Cut-off Date and the Original Pre-Funded Amount, the purchase by the [Servicer] [Master Servicer Servicer] (or an Affiliate) of all Mortgage Loans (and REO Properties) Properties remaining in the Trust Fund (any such event, an “Optional Termination”) at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Adjusted Net Mortgage Rate and any unpaid interest shortfall due on the outstanding Certificates up to and including the first day of the month in which the Termination Price is paid plus (ii) the lesser of (x) the appraised fair market value of any the REO Property as determined in good faith by the higher of two appraisals completed by two independent appraisers selected by [Servicer] [Master Servicer], plus (iii) unreimbursed Advances and any unpaid [Servicing Fees] allocable to such Mortgage Loans and REO Properties, plus (iv) all amounts, if any, then due and owing to the Trustee and the [Servicer] [Master Servicer at Servicer] under this Agreement (the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and “Termination Price”), and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Final Scheduled Distribution Date. The right If the [Servicer] [Master Servicer] elects to purchase all Mortgage Loans and REO Properties terminate the Trust Fund pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balanceabove, at least 20 days prior to the time of any such repurchasedate notice is to be mailed to the affected Certificateholders, aggregating less than five percent the [Servicer] [Master Servicer] shall notify the Depositor, [the Master Servicer] and the Trustee of the aggregate Cut-off Date Principal Balance date the [Servicer] [Master Servicer] intends to terminate the Trust Fund and of the Mortgage LoansTermination Price.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First NLC Securitization, Inc.)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance Balance. The Supplemental Interest Trust shall terminate automatically upon the termination of the Mortgage LoansCorridor Contract Reserve Fund. The ES Grantor Trust shall terminate automatically upon termination of the Trust Fund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-45t1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the Ambassaxxx xx xxx United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwalt Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Painewebber Mortgage Acceptance Corp Iv Series 2000-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) all reimbursement amounts due to MBIA as the insurer of the Insured Retail Certificates, (ii) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (iii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (iiiii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iv) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for both Mortgage Pools, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador xxxx Xxxxxxxxxx of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal BalanceBalance for the Mortgage Pools, at the time of any such repurchase, aggregating less than five ten percent (10%) of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sxx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five (5%) percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Transactions Inc Mastr Asset Sec Tr 03 2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance Balance. The Supplemental Interest Trust shall terminate automatically upon the termination of the Mortgage LoansCorridor Contract Reserve Fund. The ES Trust shall terminate automatically upon termination of the Trust Fund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-1t1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSeller, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of a representation or warranty of clause (10) on Schedule IV, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof of this Agreement and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSeller, the Master Servicer and the Trustee created hereby with respect to the Trust Fund created hereby shall terminate upon the earlier of: (a)(I) if the Holder of (a) the Class C Certificates does not cause the auction of the assets of the Trust Fund pursuant to Section 9.04 hereof, the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, or (II) if a Successful Auction is conducted pursuant to Section 9.04 hereof, in the case of each of (I) and (II), causing the sale of the assets of the Trust Fund pursuant thereto; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassaxxx xx xxx Xxxxxx States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The If the holder of the Class C Certificates does not exercise the right to cause an auction of all Mortgage Loans and REO Properties pursuant to Section 9.04, then the Master Servicer shall, upon giving prior written notice to the Holder of the Class C Certificates and the Trustee, have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of first Distribution Date following the aggregate Cut-off Date Principal Balance of the Mortgage LoansOptional Termination Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CHL Mortgage Pass-Through Trust 2005-19)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this AgreementAgreement and (c) the exchange of all Outstanding Regular Certificates by a single Holder for the Mortgage Loans and REO Properties remaining in the Trust Fund. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Josexx X. Xxxxxxx, the xxe late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating ten percent (10%) or less than five percent of the sum of the aggregate Cut-off Date Principal Balance of the Initial Mortgage LoansLoans and the Original Pre-Funded Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Ser 2000 TBC 3)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five one percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month’s accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of an actual violation of any predatory or abusive lending law or regulation, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate preceding paragraph of this Section 9.01 only on or after the date on which the Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance of the Mortgage LoansBalance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2005-J11)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance theT Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorServicer, the Master Servicer Trust Administrator and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Jxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2001-1)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.03 and Section 9.04, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier earliest of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the “Terminator”) of all of the Mortgage Loans (and REO Properties) at a price (the “Termination Price”) equal to the sum of (i) 100% of the Stated Principal Balance of each Mortgage Loan (other than in respect of an REO Property), (ii) accrued interest thereon at the applicable Mortgage Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate), (iii) the appraised value of any REO Property (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee, (iv) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of clause (46) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Adjusted Mortgage Rate and (v) plus, if the Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any unreimbursed Advances, made on the Mortgage Loans prior to the exercise of such repurchase, (b) the purchase by the Winning Bidder of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal after a Successful Auction is conducted pursuant to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which Section 9.04 and the related Mortgaged Property has become REO Propertyauction proceeds are distributed pursuant to Section 9.02(c) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (bc) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties by the Terminator pursuant to clause (a) above of the immediately preceding paragraph of this Section 9.01 shall be conditioned upon (1) the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage LoansLoans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer’s purchase option shall require the prior written consent of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oa7)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, unpaid principal balance of the Outstanding Mortgage Loans at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mor Pass THR Cer Ser 2002-2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.03 and Section 9.04, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier earliest of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) at a price (the "Termination Price") equal to the sum of (i) 100% of the Stated Principal Balance of each Mortgage Loan (other than in respect of an REO Property), (ii) accrued interest thereon at the applicable Mortgage Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate), (iii) the appraised value of any REO Property (up to the Stated Principal Balance of the related Mortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee and (iv) plus, if the Terminator is the NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any unreimbursed Advances, made on the Mortgage Loans prior to the exercise of such repurchase, (b) the purchase by the Winning Bidder of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal after a Successful Auction is conducted pursuant to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which Section 9.04 and the related Mortgaged Property has become REO Propertyauction proceeds are distributed pursuant to Section 9.02(c) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (bc) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassxxxx xx xxx Xxxxxd States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause . (a1) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage LoansLoans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2006-Oa16)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer or NIM Insurer (the party exercising such purchase option, the "Terminator") of all of the Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than in respect of an REO Property), (ii) accrued interest thereon at the applicable Mortgage Loans for which Rate (or, if such repurchase is effected by the Master Servicer, at the applicable Adjusted Mortgage Rate, (iii) the appraised value of any REO Property (up to the Stated Principal Balance of the related Mortgaged Property has become REO PropertyMortgage Loan), such appraisal to be conducted by an appraiser mutually agreed upon by the Terminator and the Trustee, (iv) any remaining unpaid costs and damages incurred by the Trust Fund that arises out of a violation of any predatory or abusive lending law that also constitutes an actual breach of clause (46) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iiv) plus, if the lesser of (x) Terminator is the appraised value NIM Insurer, any unreimbursed Servicing Advances, and the principal portion of any REO Property as determined by unreimbursed Advances, made on the higher Mortgage Loans prior to the exercise of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate such repurchase, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement, as applicable. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the last survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sXxxxx xx Xx. Xxxxs's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause . (a1) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating is less than five or equal to ten percent (10%) of the aggregate Cut-off Date Pool Principal Balance and (2) unless the NIM Insurer otherwise consents, the purchase price for such Mortgage Loans and REO Properties shall result in a final distribution on any NIM Insurer guaranteed notes that is sufficient (x) to pay such notes in full and (y) to pay any amounts due and payable to the NIM Insurer pursuant to the indenture related to such notes. The preceding notwithstanding, on any Distribution Date on which each of the Master Servicer and the NIM Insurer shall have the option to purchase all the Mortgage Loans (and REO Properties) remaining in the Trust Fund pursuant to this Section 9.01, the NIM Insurer's purchase option shall require the prior written consent of the Master Servicer. The Supplemental Interest Trust shall terminate on the earlier of (i) the reduction of the aggregate Class Certificate Balance of the Mortgage LoansCovered Certificates to zero and (ii) the termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2007-Oa2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. No purchase pursuant to clause (a) above is permitted if it could result in a draw on the Policy unless Financial Security consents to such purchase. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx Joseph X. Xxxxxxx, the xxx late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. Xxxxxxx, the late Ambassador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the sum of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) all reimbursement amounts due to AGC as the insurer of the Insured Retail Certificates, (ii) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (iii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (iiiii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two 109 appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iv) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of lxxx Xxxxxxxxxx xx the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate aggregate of the Pool Principal BalanceBalances of both Mortgage Pools, at the time of any such repurchase, aggregating being less than five ten percent (10%) of the aggregate Cut-off Date Principal Balance Balances of all the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, in each case plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. xxx Xxxxx xx Xx. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Stated Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the sum of the aggregate Initial Cut-off Date Principal Balance of the Initial Mortgage LoansLoans and the Pre-Funded Amount on the Closing Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambassaxxx xx xxx Xxxxxx States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent (5%) of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mastr Alt Loan Tr 2003-5)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the TransferorSellers, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of of: (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, and (iii) any remaining unpaid costs and damages incurred by the Trust Fund that arise out of an actual violation of any predatory or abusive lending law that also constitutes an actual breach of clause (50) on Schedule III-A, in all cases plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate; and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property in and (ii) the distribution to the Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United Ambasxxxxx xx xxx Xxxxed States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The Master Servicer shall have the right to purchase all Mortgage Loans and REO Properties in the Trust Fund pursuant to clause (a) above shall be conditioned upon in the Aggregate Pool Principal Balance, at preceding paragraph of this Section 9.01 only on or after the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.Optional Termination Date. 109

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2005-58)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.039.3, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Stated Principal Balance of each Mortgage Loan (other than a Mortgage Loans for which the related Mortgaged Property Loan that has become REO Propertybeen foreclosed and subject to clause (ii)) plus one month's accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate and Rate, (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Stated Principal Balance of each Mortgage Loan related to any REO Property Property, plus accrued and unpaid interest thereon at the applicable Net Adjusted Mortgage Rate Rate, and (iii) any costs and damages incurred by the Trust in connection with the noncompliance of such Mortgage Loan with any specifically applicable predatory or abusive lending law, and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador xxxx Xxxxxxxxxx of the United States to the Court of St. James’s's, living on the date hereof hereof, and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate aggregate of the Pool Principal BalanceBalances for both Mortgage Pools, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Pool Principal Balance of all the Mortgage LoansPools.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Horizon Asset Securities Inc)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus one month's accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance Scheduled Principal Balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador xxx xxxx Xxxxxxador of the United States to the Court of St. James’s's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mort Asset Sec Trans Inc E Trade Bank Mort Bak Sec Tr 2001 2)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sCourx xx Xx. Xxxxx'x, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, Balance at the time of any such repurchase, aggregating less than five ten percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-4)

Termination upon Liquidation or Purchase of all Mortgage Loans. Subject to Section 9.03, the obligations and responsibilities of the Depositor, the Transferor, the Master Servicer and the Trustee created hereby with respect to the Trust Fund shall terminate upon the earlier of (a) the purchase by the Master Servicer of all Mortgage Loans (and REO Properties) remaining in the Trust Fund at the price equal to the sum of (i) 100% of the unpaid principal balance of each Mortgage Loan (other than Mortgage Loans for which the related Mortgaged Property has become REO Property) plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (ii) the lesser of (x) the appraised value of any REO Property as determined by the higher of two appraisals completed by two independent appraisers selected by the Master Servicer at the expense of the Master Servicer and (y) the unpaid principal balance of each Mortgage Loan related to any REO Property plus accrued and unpaid interest thereon at the applicable Net Mortgage Rate and (b) the later of (i) the maturity or other liquidation (or any Advance with respect thereto) of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property and (ii) the distribution to Certificateholders of all amounts required to be distributed to them pursuant to this Agreement. In no event shall the trusts created hereby continue beyond the earlier of (i) the expiration of 21 years from the death of the survivor of the descendants of Xxxxxx X. XxxxxxxJoseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’sXxxxx xx Xx. Xxxes's, living on the date hereof and (ii) the Latest Possible Maturity Date. The right to purchase all Mortgage Loans and REO Properties pursuant to clause (a) above shall be conditioned upon the Aggregate Pool Principal Balance, at the time of any such repurchase, aggregating less than five percent of the aggregate Cut-off Date Principal Balance of the Mortgage Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Certs Ser 2003-6)

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