The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the Closing Date, and following the transfer of the Mortgage Loans to it by the Purchaser, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Mortgage Loans.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Am1), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc4)
The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the Closing Date, and following immediately prior to the transfer of the Mortgage Loans by it to it by the PurchaserTrust, the Depositor had good title to the Mortgage Loans Loans, free and the Mortgage Notes were subject to no offsetsclear of any liens, defenses charges, claims or counterclaimsencumbrances whatsoever. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Mortgage Loans.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Trust 2003- Nc6), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-Nc7)
The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee and the Class A-2 Certificate Insurer with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the Closing Date, and following immediately prior to the transfer of the Mortgage Loans by it to it by the PurchaserTrust, the Depositor had good title to the Mortgage Loans Loans, free and the Mortgage Notes were subject to no offsetsclear of any liens, defenses charges, claims or counterclaimsencumbrances whatsoever. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Mortgage Loans.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Mort Ps-THR Cer Ser 2003-Nc5), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I MRT Ps THR CRT Ser 2003 Nc1), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2003 Nc2)
The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee and the Class A-2 Certificate Insurer with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the Closing Date, and following the transfer of the Mortgage Loans to it by the Purchaser, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Mortgage Loans.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2002-Nc3), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc5)
The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee and the Certificate Insurer with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the Closing Date, and following immediately prior to the transfer of the Mortgage Loans by it to it by the PurchaserTrust, the Depositor had good title to the Mortgage Loans Loans, free and the Mortgage Notes were subject to no offsetsclear of any liens, defenses charges, claims or counterclaimsencumbrances whatsoever. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Mortgage Loans.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc Mort Pas THR Certs Ser 2003-Nc9)
The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the Closing Date, and following immediately prior to the transfer of the Mortgage Loans by it to it by the PurchaserTrust, the Depositor had good title to the Mortgage Loans Loans, free and the Mortgage Notes were subject to no offsetsclear of any liens, defenses charges, claims or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Mortgage Loansencumbrances whatsoever.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2)
