Common use of Title Insurance Clause in Contracts

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 4 contracts

Samples: Lehman Brothers (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-10), Reconstituted Servicing Agreement (LXS 2007-3)

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Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, Mac and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1) and (2) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance in accordance with the Asset Guidelines, with respect to each Agency Mortgage Loan, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, as applicable, and with respect to FHA Loans, USDA Loans and VA Loans, the FHA, USDA or the VA, as the case may be, and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac Mac, as applicable, and with respect to FHA Loans, USDA Loans and VA Loans, the FHA, USDA or the VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Sellerapplicable Seller Party, its successors and assigns, as to the first priority lien of the Mortgage with respect to First other than Second Lien Mortgage Loans Loans, and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans as to the second priority lien of the related Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) - (v) of paragraph (m) of this Schedule 1-A, and in the case of an adjustable rate Mortgage Loan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Seller is Party, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Sellerrelated Seller Party, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;such Seller Party.

Appears in 4 contracts

Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)

Title Insurance. The Mortgage Loan is covered by Seller has received an ALTA American Land Title Association (ALTA) lender’s title insurance policy or other generally acceptable a comparable form of lender’s title insurance policy (or escrow instructions binding on the Title Insurer (as defined below) and irrevocably obligating the Title Insurer to issue such title insurance policy or a title policy commitment or pro-forma “marked up” at the closing of insurance acceptable to Xxxxxx Xxx the related Mortgage Loan and countersigned or Xxxxxxx Macotherwise approved by the Title Insurer or its authorized agent) as adopted in the applicable jurisdiction (the “Title Insurance Policy”), which was issued by a title insurer acceptable insurance company (the “Title Insurer”), which was at the time of such origination, to Xxxxxx Mae or Xxxxxxx Mac and the Seller’s knowledge, qualified to do business in the jurisdiction where the applicable Mortgaged Property is located, covering the portion of each Mortgaged Property comprised of real estate and insuring that the Seller, its successors and assigns, as to the related Mortgage is a valid first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the related Mortgage Loan on the related Mortgagor’s fee simple interest (or with respect to Negative Amortization Mortgage Loansor, the maximum amount if applicable, leasehold interest) in such Mortgaged Property comprised of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Paymentreal estate, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02Permitted Encumbrances. Where required by state law or regulation, the Mortgagor has No material claims have been given the opportunity to choose the carrier of the required mortgage title insurancemade under such Title Insurance Policy. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy Such Title Insurance Policy is in full force and effect and all premiums thereon have been paid, and is assignable to (and will be in force and effect upon inure to the consummation benefit of) the Trustee on behalf of the transactions contemplated by this AgreementCertificateholders. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, related Mortgage has done, by act or omission, anything which that would materially impair the coverage under such Title Insurance Policy. Such Title Insurance Policy either (i) contains no exception regarding the encroachment upon any material easements of any material permanent improvements located at the Mortgaged Property for which the grantee of such lender’s title easement has the ability to force removal of such improvement, or (ii) affirmatively insures (unless the related Mortgaged Property is located in a jurisdiction where such affirmative insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or is not available) against impairment of value caused by forced removal of any kind has been or will be received, retained or realized by material permanent improvements on the related Mortgaged Property that encroach upon any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;material easements.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable equivalent form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by Freddie Mac and each such title insurance policy ix xxxxex xy a title insurer xxxxx xnsurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the juxxxxxxtion whexx xxx Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 4 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Title Insurance. The Except with respect to any (1) Mortgage Loan is covered secured by a Mortgaged Property located in the State of Iowa and an ALTA lenderattorney’s certificate and/or a certificate of title guaranty has been obtained and (2) Mortgage Loan secured by Cooperative Shares, a valid and enforceable title insurance policy has been issued or other generally acceptable form of a commitment to issue such title insurance policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of has been obtained for the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans Loan in an amount not less than the original principal amount of such Mortgage Loan, which title insurance policy insures that the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, relating thereto is a valid first lien on the maximum amount property therein described and that the mortgaged property is free and clear of negative amortization in accordance with all encumbrances and liens having priority over the Mortgage) and against any loss by reason of the invalidity or unenforceability of the first lien resulting from the provisions of the Mortgage providing for adjustment and otherwise in compliance with the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier requirements of the required mortgage title insuranceapplicable Takeout Investor. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of such lender’s title insurance policy. The Seller is Guarantor, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and the assignment to the Buyer of the Guarantor’s interest in such lender’s title insurance policy does not require any consent of or notification to the Insurer which has not been obtained or made, such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect and inure to the benefit of the Buyer upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder none of the Mortgageoriginator, including the Seller, Guarantor, any prior owner of such Mortgage Loan, or any their respective Affiliates or assigns, any servicer or any other Person has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitationpolicy. In connection with the issuance of such lender’s title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be provided, received, retained or realized by any originator, the Seller, Guarantor, any prior owner of such Mortgage Loan, or any their respective Affiliates or assigns, any servicer or any other Person (including, but not limited to any attorney, firm or other person entity) or entity, and no such unlawful items have been received, retained any of their affiliates or realized by the Seller;assigns.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Radian Group Inc), Master Repurchase Agreement (Radian Group Inc), Master Repurchase Agreement (Radian Group Inc)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable equivalent form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by Freddie Mac and each such title insurance policy ix xxxxex xy a title insurer xxxxx xnsurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the juxxxxxxtion whexx xxx Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the SellerAccredited, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iii) of paragraph (10) of this Schedule VIII, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Accredited, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions purchase of the Mortgage Loan as contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAccredited, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAccredited;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Home Equity Loan Trust 2005-2), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurance policy is issuex xx x xxxle insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxexx the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx txxxe inxxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization i), (ii) and (iii) of representation 10 of this Schedule VII, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Scheduled Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and xxxxuxxx to xxx Xxxerwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerWMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is WMC Mortgage Corp., its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerWMC Mortgage Corp.;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Wmc3), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent that a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage) ), and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of paragraph (j) of this Section 4.023.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 3 contracts

Samples: Assumption and Recognition Agreement (Bear Stearns ALT-A Trust II 2007-1), Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h), Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA or CLTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization i) and (ii) of clause (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Title Insurance. The Mortgage Loan is covered by an ALTA or CLTA lender’s title insurance policy or other generally acceptable form of policy of insurance policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (h)(i), (ii) and (iii) above) the Seller, its successors and assigns, assigns as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or and, with respect to Negative Amortization ARM Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is and its successors and assigns are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;policy.

Appears in 3 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2), Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)

Title Insurance. The Mortgage Loan is covered by an An ALTA lender’s title insurance policy (or other generally acceptable form of policy of a title insurance acceptable to Xxxxxx Xxx or Xxxxxxx Maccommitment marked through the Loan closing date with all Schedule B-1 requirements and standard exceptions deleted), issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business the Title Company (which shall be approved by the Administrative Agent) in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Loan plus any other amount secured by the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of , insuring that the Mortgage providing for adjustment in constitutes a valid lien covering the Mortgage Interest Rate Land and Monthly Paymentall Improvements thereon, having the priority required by Administrative Agent and subject only to the those exceptions contained and encumbrances (regardless of rank or priority) Administrative Agent approves, in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity a form acceptable to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egressAdministrative Agent, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will with all “standard” exceptions which can be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgagedeleted, including the Sellerexception for matters which a current survey would show, has done, by act or omission, anything which would impair deleted to the coverage of such lender’s fullest extent authorized under applicable title insurance policy including without limitationrules, and Borrower shall satisfy all requirements therefor permitted; containing no unlawful feeexception for standby fees or real estate taxes or assessments other than those for the year in which the closing occurs to the extent the same are not then due and payable and endorsed “not yet due and payable” and no exception for subsequent assessments for prior years (other than any lien of supplemental taxes assessed pursuant to California Revenue and Taxation Code Section 75, commissionet sq.); providing full coverage against mechanics’ and materialmens’ liens to the extent authorized under applicable title insurance rules, kickback and Borrower shall satisfy all requirements therefor; insuring that no restrictive covenants shown in the Title Insurance have been violated, and that no violation of the restrictions will result in a reversion or forfeiture of title; insuring all appurtenant easements; insuring that fee simple indefeasible or marketable (as coverage is available) fee simple title to the Land and Improvements is vested in Borrower; containing such affirmative coverage and endorsements as Administrative Agent may require and are available under applicable title insurance rules, and Borrower shall satisfy all requirements therefor; insuring any easements, leasehold estates or other unlawful compensation matters appurtenant to or value benefiting the Land and/or the Improvements as part of any kind has been or will be received, retained or realized by any attorney, firm or other person or entitythe insured estate; insuring the right of access to the Land to the extent authorized under applicable title insurance rules, and no such unlawful items Borrower shall satisfy all requirements therefor; and containing provisions acceptable to Administrative Agent regarding advances and/or readvances of Loan funds after closing. Borrower and Borrower’s counsel shall not have been receivedany interest, retained direct or realized by indirect, in the Seller;Title Company (or its agent) or any portion of the premium paid for the Title Insurance.

Appears in 3 contracts

Samples: Construction Loan Agreement (Skechers Usa Inc), Construction Loan Agreement (Skechers Usa Inc), Construction Loan Agreement (Skechers Usa Inc)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No To Seller’s knowledge, no claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by Freddie Mac and each such title insurance policy is xxxxxd xx a title insurer txxxx xxsurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction jurxxxxxxion where the Mortgaged Xortgaged Property is located, insuring the SellerNC Capital, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iii) of paragraph (j) of this Section 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iii) of paragraph (j) of this Section 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx txxxe inxxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2004-Nc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc7), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc8)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 3 contracts

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loxxx xxd xxch sxxx xxxle insurance policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction businesx xx xhe jurisxxxxxxx where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2004-Nc3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc6)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by Freddie Mac and each such title insurance policy is xxxxxd xx a title insurer txxxx xxsurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction jurxxxxxxion where the Mortgaged xxx Xortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Schedule, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Decision One, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDecision One;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, prudent mortgage lenders originating mortgage loans similar to the Mortgage Loans in the jurisdiction where the Mortgaged Properties are located and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac prudent mortgage lenders originating mortgage loans similar to the Mortgage Loans in the jurisdiction where the Mortgaged Properties are located and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage (with respect to First Lien first lien Mortgage Loans and Loans) or second priority lien of the Mortgage (with respect to Second Lien Mortgage Loans Loans) of the Mortgage in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization 1), (2), (3) and (4) of paragraph (j) of this Subsection 9.03, and in the case of adjustable rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by applicable state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1), Pooling and Servicing Agreement (GSAMP Trust 2007-He1)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1) and (2) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and as to the second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Section 7, and with respect to each ARM Mortgage Loan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-15n)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by Freddie Mac and each such title insurance policy is xxxxxd xx a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurxxxxxxion whexx the Mortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Schedule, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Decision One, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDecision One;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, FNMA and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac FNMA and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization Mortgage Loans1), the maximum amount (2) and (3) of negative amortization in accordance with the Mortgageparagraph (j) of this Subsection 8.2, and against any loss by reason of the invalidity or unenforceability unenforce-ability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (First Nationwide Preferred Capital Corp), Mortgage Loan Purchase and Warranties Agreement (California Federal Preferred Capital Corpation)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurance policy is issuex xx x xxxeralxx xxxxpted title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iii) of paragraph (j) of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Responsible Party, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerResponsible Party, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerResponsible Party;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc1)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Loan) or second Section 7 with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Aames, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1)

Title Insurance. The Mortgage Loan is covered by an ALTA or CLTA lender’s title insurance policy or other generally acceptable form of policy of title insurance where the applicable local jurisdiction does not allow for such lender’s title policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer or such other insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (h)(i), (h)(ii) and (h)(iii) and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule), in (h)(iv)) the Seller, its successors and assigns, assigns as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or and, with respect to Negative Amortization ARM Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is and its successors and assigns are the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;policy.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2006-Cw2), Pooling and Servicing Agreement (Jpmac 2006-Acc1)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, FNMA and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac FNMA and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization Mortgage Loans1), the maximum amount (2) and (3) of negative amortization in accordance with the Mortgageparagraph (j) of this Subsection 8.2, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policypolicy and, and no neither the Seller nor, to the best knowledge of Seller, any other prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: And Warranties Agreement (Peoples Preferred Capital Corp), And Warranties Agreement (Peoples Preferred Capital Corp)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iii) of paragraph (j) of this Section 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and Seller has no knowledge that any prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy, and Seller has not done, by act or omission, anything that would impair the coverage of such lender's title insurance policy. Seller has no knowledge that any unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1), Indemnification and Contribution Agreement (Sabr Trust 2005-Fr2)

Title Insurance. The Mortgage Loan is covered by either (i) an ALTA attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or other generally acceptable form of comparable policy of insurance acceptable to Xxxxxx Fannxx Xxx or Xxxxxxx Mac, xx Fredxxx Xxx and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien Lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization 1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) mortgage interest rate and (iv) of paragraph (j) of this Section 4.02monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, prudent originators of mortgage loans similar to the Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac prudent originators of mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerFremont, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Fremont, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is was valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreementeffect. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDepositor, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDepositor;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued Freddie Mac and each such title insurance policy xx xxxuxx by a title xxxxx insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the jxxxxxxction whxxx xxx Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1) and (2) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and pursxxxx xo xxe Unxxxxxxxing Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerWMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is WMC Mortgage Corp., its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerWMC Mortgage Corp.;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc2)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx Mae or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization Mortgage Loans1), the maximum amount of negative amortization in accordance with the Mortgage(2), (3) and (4) of Paragraph (m) of this Section 3.02. For each Adjustable Rate Mortgage Loan, such policy shall include an adjustable rate mortgage endorsement and shall insure the Company, its successors and assigns, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Where required by state law or regulation, the sole insured Mortgagor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. The Company, its successors and assigns, are the sole insureds of such lender's title insurance policy for each Mortgage Loan, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Purchaser. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Banc of America Funding 2006-D Trust), Sale and Servicing Agreement (Luminent Mortgage Trust 2006-6)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable equivalent form of policy of or insurance acceptable to Xxxxxx Xxx Fxxxxx Mxx or Xxxxxxx Mac, Fxxxxxx Mac and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Fxxxxx Mae or Xxxxxxx Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, acceptable to Fannie Mae or Freddie Mac, or other generally acceptable form of policy of insurance xxxx xf xxlicy xx xxsurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac, issued by a title insurer acceptable accxxxxxxe to Xxxxxx Fannie Mae or Xxxxxxx ox Freddie Mac and qualified to do business in the jurisdiction txx xxxisdiction where the thx Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization Mortgage Loans1), the maximum amount of negative amortization in accordance with the Mortgage(2), (3) and (4) of Paragraph (m) of this Section 3.02. For each Adjustable Rate Mortgage Loan, such policy shall include an adjustable rate mortgage endorsement and shall insure the Company, its successors and assigns, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Where required by state law or regulation, the sole insured Mortgagor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. The Company, its successors and assigns, are the sole insureds of such lender's title insurance policy for each Mortgage Loan, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Purchaser. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 2 contracts

Samples: Flow Sale and Servicing Agreement (Luminent Mortgage Trust 2006-7), Sale and Servicing Agreement (Luminent Mortgage Trust 2007-1)

Title Insurance. The Mortgage Loan is covered by an ALTA form of lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx MacFHLMC, issued by by, and the binding obligation of, a title insurer acceptable to Xxxxxx Mae FNMA or Xxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (if the Mortgage Loan is indicated by Seller to be a first lien Mortgage Loan on the Loan Purchase Detail) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect or, to Negative Amortization the extent that the Mortgage LoansNote provides for negative amortization, the sum of such original principal amount and the maximum amount of negative amortization permitted in accordance with the MortgageMortgage Note), or as to the second priority lien (if the Mortgage Loan is indicated by Seller to be a second lien Mortgage Loan on the Loan Purchase Detail) of the Mortgage in the combined original principal amount of the Mortgage Loan and the original principal amount of the first lien mortgage loan (or, to the extent that the Mortgage Note provides for negative amortization, the sum of the original principal amount of the Mortgage Loan, the original principal amount of the first lien mortgage loan and the maximum amount of negative amortization permitted in accordance with the Mortgage Note), and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of for the Mortgage providing for adjustment in the Mortgage Interest Rate mortgage interest rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insuranceinsurance unless the premium for such insurance was not paid by the Mortgagor. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon inure to the consummation benefit of the transactions contemplated by this AgreementMBF without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy. If the Mortgage Loan has a negative amortization feature, the lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback provides coverage in the amount of 110 percent of the initial amount of the Mortgage Loan (if the Mortgage Loan is indicated by Seller to be a first lien Mortgage Loan on the Loan Purchase Detail) or other unlawful compensation or value 110 percent of any kind has been or will the combined initial amounts of the first lien mortgage loan and the Mortgage Loan (if the Mortgage Loan is indicated by Seller to be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by a second lien Mortgage Loan on the Seller;Loan Purchase Detail).

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (National Credit & Guaranty CORP), Mortgage Loan Repurchase Agreement (Sirva Inc)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides Exhibit J for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1) and (2) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by Freddie Mac and each such title insurance policy is xxxxxd xx a title insurer txxxx xxsurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction jurxxxxxxion where the Mortgaged xxx Xortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Schedule, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Decision One, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDecision One;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1)

Title Insurance. The Mortgage Loan Except if the related Underwriting Guidelines do not require title insurance, the HELOC is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) except with respect to HELOCs covered by a Master Secondary Loan Policy acquired from Old Republic Home Protection and/or an errors and omissions policy approved by the Buyer in its sole discretion, an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, Mac or acceptable pursuant to the applicable Underwriting Guidelines and each such title insurance policy or such other acceptable form of policy or insurance is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is locatedQualified Insurer, insuring the Seller, its successors and assigns, as to the first priority lien or second priority lien, as applicable, of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans Mortgage, in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentHELOC, subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivi)-(iv) of paragraph (ji) of this Section 4.02Exhibit B. Additionally, such title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the related Mortgaged Property or any interest therein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallySeller, such lender’s title insurance policy affirmatively insures ingress its successors and egressassigns, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is are the sole insured insureds of such lender’s title insurance policy, the assignment to the Purchaser of the Seller’s interest in such title insurance policy does not require any consent or notification to the insurer which has not been obtained or made, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Heloc Flow Purchase and Servicing Agreement (PennyMac Financial Services, Inc.), Heloc Flow Purchase and Servicing Agreement (PennyMac Mortgage Investment Trust)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and xxxx sxxx titxx xxxxrance policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where thx xxxxsdiction xxxxx the Mortgaged Property is located, insuring the SellerNC Capital Corporation, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization i), (ii) and (iii) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Scheduled Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc5), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2002-Nc3)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, Mac with respect to Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerNC Capital Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Trust 2003- Nc6), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Title Insurance. The Mortgage Loan is covered by an ALTA or CLTA lender’s title insurance policy or other generally acceptable form of policy of insurance policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (h)(i), (h)(ii) and (h)(iii) and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule), in (h)(iv)) the Seller, its successors and assigns, assigns with respect to First Lien Mortgage Loans as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or and, with respect to Negative Amortization ARM Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is and its successors and assigns are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;policy.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2006-He2), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides Exhibit J for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1) and (2) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Title Insurance. The Within 30 days after the Closing Date, the Initial Purchasers shall have received, with respect to each Mortgage Loan is covered intended to encumber a Mortgaged Property, a policy of title insurance (or commitment to issue such a policy) having the effect of a policy of title insurance insuring (or committing to insure) the lien of such Mortgage as a valid and enforceable mortgage lien on the Mortgaged Properties described therein, in an amount not less than 115% of the fair market value of such Mortgaged Property as reasonably determined, in good faith, by an ALTA lender’s the Company and reasonably acceptable to the Initial Purchasers, (such policies collectively, the “Mortgage Policies”) issued by such title insurer as shall be reasonably acceptable to Initial Purchasers (the “Title Company”), which reasonably assures the Collateral Agent that the Mortgages on such Mortgaged Properties are valid and enforceable mortgage liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances except Permitted Encumbrances and such Mortgage Policies shall otherwise be in form and substance reasonably satisfactory to the Initial Purchasers and shall have been supplemented by such endorsements as shall be reasonably requested by the Collateral Agent, including, to the extent included in the title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage ABL Collateral Agent with respect to First Lien the applicable Mortgaged Property, to the extent currently available and, if only one Mortgage Loans is granted on a single Mortgaged Property, to the extent appropriate where only one Mortgage is granted on a single Mortgaged Property, endorsements on matters relating to usury, first loss, last dollar, zoning, contiguity, revolving credit, doing business, non-imputation, public road access, survey, variable rate, environmental lien, subdivision, separate tax lot, revolving credit, so-called comprehensive coverage over covenants and second priority lien of restrictions and, to the Mortgage extent included in the title insurance policy issued to the ABL Collateral Agent with respect to Second Lien the applicable Mortgaged Property, to the extent currently available and, if only one Mortgage Loans is granted on a single Mortgaged Property, to the extent appropriate where only one Mortgage is granted on a single Mortgaged Property, for any and all other matters that the Collateral Agent may request, shall not include an exception for mechanics’ liens to the extent one was not included in the original principal amount of title insurance policy issued to the Mortgage Loan (or ABL Collateral Agent with respect to Negative Amortization Mortgage Loansthe applicable Mortgaged Property, and shall provide for affirmative insurance and such reinsurance (including direct access agreements) as the maximum amount of negative amortization in accordance with Initial Purchasers may reasonably request, to the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment extent such affirmative insurance and/or reinsurance was included in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon issued to the ABL Collateral Agent with respect to the applicable Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Property.

Appears in 2 contracts

Samples: Purchase Agreement (Claiborne Liz Inc), Purchase Agreement (Claiborne Liz Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA or, if approved in writing by Purchaser, a CLTA lender’s 's title insurance policy, and each such title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, mortgagee as to the first appropriate priority of the lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan, plus the outstanding principal balance of any senior mortgage loan in the case of a subordinate lien Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iv) of paragraph (h) of this Section 7.02, and, in the case of an adjustable rate Mortgage Loan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the related Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such Such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreementeffect. No claims have been made under such lender’s 's title insurance policy, and no neither Seller, nor to Seller's knowledge, any prior holder of the Mortgage, including the Seller, Mortgage has done, by act or of omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no the payment, retention or realization of any unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been by or will be received, retained or realized by to any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Master Servicing Agreement (American Residential Eagle Bond Trust 1992-2), Master Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx txxxe inxxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First-Lien Mortgage Loan) or second priority lien (with respect to a Second-Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx txxxe inxxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1) and (2) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

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Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx Mae or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization Mortgage Loans1), the maximum amount of negative amortization in accordance with the Mortgage(2), (3) and (4) of Paragraph (l) of this Section 3.02. For each Adjustable Rate Mortgage Loan, such policy shall include an adjustable rate mortgage endorsement and shall insure the Company, its successors and assigns, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Where required by state law or regulation, the sole insured Mortgagor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. The Company, its successors and assigns, are the sole insureds of such lender's title insurance policy for each Mortgage Loan, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Purchaser. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lares Asset Securitization, Inc.)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx Mae or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or Loan, and, with respect to Negative Amortization ARM Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of paragraph (j) of this Section 4.027. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Warranties Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, the Purchaser and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac the Purchaser and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment), subject only to the exceptions contained in clauses (i), (ii), (iii1) and (iv2) of paragraph (j) of this Section 4.02Subsection 9.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Indemnification and Contribution Agreement (Sabr Trust 2005-Fr2)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and pursxxxx xo xxe Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerWMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule II, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is WMC Mortgage Corp., its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerWMC Mortgage Corp.;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respexx xo Moxxxxxx Loans and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to qualifxxx xx do business xxxxxess in the jurisdiction where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First-Lien Mortgage Loan) or second priority lien (with respect to a Second-Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Mort Pass THR Certs Ser 2003-Nc10)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the SellerAcoustic, its successors and assigns, as to the first (with respect to a first lien Mortgage Loan) or second (with respect to a second lien Mortgage Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Schedule, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Acoustic, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDepositor, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDepositor;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Home Equity Loan Trust 2005-4)

Title Insurance. The Unless such Mortgage Loan is a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Xxx, Xxxxxxx Mac or Xxxxxxx MacGNMA, as applicable, and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Mae, Xxxxxxx Mac or GNMA, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage Mortgage, or solely with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to a Second Lien Mortgage Loans Loan, second priority lien, as applicable, in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization a), (b), (c) and (d) of paragraph (j) of this Schedule 1-A, and in the case of adjustable rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurer insurance policy is issuex xx x xxxle ixxxxxx acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization A), (B) and (C) of paragraph (j) of this Schedule, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Decision One, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDecision One;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Macinsurance, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac Qualified Insurer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and or second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or 1), (2) and (3) of Paragraph (j) of this Section 3.02, with respect to Negative Amortization each Second Lien Mortgage LoansLoan, the maximum amount clause (4) of negative amortization in accordance with the MortgageParagraph (j) of this Section 3.02, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Where required by state law or regulation, the sole insured Mortgagor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. The Seller, its successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and and, to the knowledge of the Seller, no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Flow Sale Agreement (Luminent Mortgage Trust 2006-7)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first [(with respect to a First Lien Loan) or second (with respect to a Second Lien Loan)] priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Buyers or Administrative Agent with respect to Non-Agency Non-QM Annex A-1 Mortgage Loans and Non-Agency QM Mortgage Loans and Xxxxxx Xxx or Xxxxxxx Mac, Mac with respect to Agency Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable to Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and Xxxxxx Mae or Xxxxxxx Mac with respect to Agency Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (or in the case of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to a Second Lien Mortgage Loans Loan, the second priority lien) of the Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (a), (b) and (c) of paragraph (i) of this Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (DITECH HOLDING Corp)

Title Insurance. The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to Fxxxxx Mxx (if the related Mortgaged Property is located in Iowa) or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Macinsurance, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the related Mortgaged Property is located, in either case insuring the Seller, Seller and its successors and assigns, assigns as to the first or second priority lien lien, as the case may be, of the Mortgage with respect to First Lien Mortgage Loans and second priority lien in the amount of 100% of the Mortgage with respect to Second Lien Mortgage Loans in the original outstanding principal amount of the Mortgage Loan (or with respect Loan, subject only to Negative Amortization Mortgage LoansPermitted Exceptions and the lien of any senior mortgagee, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the any provisions of the Mortgage providing proving for adjustment in to the Mortgage Interest Rate mortgage interest rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egresspolicy. Immediately prior to the sale of the Mortgage Loan to the Depositor under this agreement, and against encroachments by the Seller, together with its successors or upon the Mortgaged Property or any interest therein. The Seller is assigns, was the sole insured of under such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Depositor. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would should reasonably be expected to impair the coverage provided by such lender's title insurance policy. In connection with the issuance of such lender’s 's title insurance policy including without limitationpolicy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Residential Asset Funding Corp)

Title Insurance. The For each New Mortgage Loan is covered by an and the New Florida Property (a) form 1970 ALTA lender’s extended coverage mortgagee title insurance policies or unconditional commitments therefor or endorsement to an existing title policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, (the "New Mortgage Policies") issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage Title Company with respect to First Lien Mortgage Loans and second priority lien of the Mortgage New Mortgaged Properties, in amounts not less than the respective amounts designated therein with respect to Second Lien any particular New Mortgaged Properties, insuring fee simple title to, or a valid leasehold interest in, each such New Mortgaged Property vested in such Loan Party and insuring Administrative Agent that the applicable New Mortgages or the First Amendment to Florida Mortgage, as the case may be, create valid and enforceable First Priority mortgage Liens on the respective New Mortgaged Properties encumbered thereby, which New Mortgage Loans Policies (1) shall include the following endorsements to the extent available in the original principal amount states where the New Mortgaged Properties are located: comprehensive, mechanics' lien, variable rate, street address, separate tax lot, survey, contiguity, zoning (ALTA 3.1), street access, usury, subdivision map act, revolving credit, tie-in, creditors' rights, doing business, first loss and last dollar and any other matters reasonably requested by Administrative Agent and (2) shall provide for affirmative insurance and such reinsurance as Administrative Agent may reasonably request, all of the Mortgage foregoing in form and substance reasonably satisfactory to Administrative Agent; and (b) evidence satisfactory to Administrative Agent that such Loan Party has (or with respect i) delivered to Negative Amortization Mortgage Loans, the maximum amount of negative amortization Title Company all certificates and affidavits required by the Title Company in accordance connection with the Mortgage) and against any loss by reason issuance of the invalidity New Mortgage Policies and (ii) paid to the Title Company or unenforceability to the appropriate governmental authorities all expenses and premiums of the lien resulting from Title Company in connection with the provisions issuance of the New Mortgage providing for adjustment Policies and all recording and stamp taxes (including mortgage recording and intangible taxes) payable in connection with recording the New Mortgages or the First Amendment to Florida Mortgage in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Sellerappropriate real estate records;

Appears in 1 contract

Samples: Credit Agreement (Integrated Defense Technologies Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lendermortgagee’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, Mac and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, Originator and its successors and assignsassigns (including the Borrower), as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and or second priority lien of the Mortgage with respect to Second Lien Mortgage Loans Mortgage, as applicable in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in paragraph (or with respect to Negative Amortization i) of this Exhibit D, as applicable, and in the case of adjustable rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor Obligor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Originator and its successors and assigns (including the Borrower) are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the SellerBorrower, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;Borrower or its Affiliates.

Appears in 1 contract

Samples: Funding Agreement (Fieldstone Investment Corp)

Title Insurance. The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to Fannxx Xxx (xx the related Mortgaged Property is located in Iowa) or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Macinsurance, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the related Mortgaged Property is located, in either case insuring the Seller, Seller and its successors and assigns, assigns as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien in the amount of 100% of the Mortgage with respect to Second Lien Mortgage Loans in the original outstanding principal amount of the Mortgage Loan (or with respect Loan, subject only to Negative Amortization Mortgage LoansPermitted Exceptions, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the any provisions of the Mortgage providing proving for adjustment in to the Mortgage Interest Rate mortgage interest rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egresspolicy. Immediately prior to the sale of the Mortgage Loan to FAIC II under this agreement, and against encroachments by the Seller, together with its successors or upon the Mortgaged Property or any interest therein. The Seller is assigns, was the sole insured of under such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to FAIC II. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would should reasonably be expected to impair the coverage provided by such lender's title insurance policy. In connection with the issuance of such lender’s 's title insurance policy including without limitationpolicy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Fund America Investors Corp Ii)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable under the Underwriting Guidelines and to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and each such title insurance policy is xxxxxx xx a tixxx xxxurer acceptable under the Underwriting Guidelines and to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jurixxxxxxon where the Mortgaged xxx Xxrtgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of clause (j) of this Subsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Seller, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (GSAA Home Equity Trust 2006-6)

Title Insurance. The Mortgage Loan is covered either by (i) an ALTA lenderattorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans, in the area where the Mortgage Property is located, or (ii) a valid and enforceable title insurance policy or other generally acceptable form of commitment to issue such title insurance policy, which title insurance policy of insurance acceptable to Xxxxxx Xxx insures (or Xxxxxxx Macwill insure) that the Mortgage relating thereto is a valid first lien or second lien, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where as applicable, on the Mortgaged Property therein described and that such Mortgaged Property is located, insuring the Seller, its successors free and assigns, as to clear of all encumbrances and liens having priority over the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization a Closed-End Second Lien Mortgage LoansLoan or second-lien HELOC Mortgage Loan, the maximum amount of negative amortization in accordance with priority over the Mortgage) and against any loss by reason of the invalidity or unenforceability of the second lien resulting from the provisions of the Mortgage providing (other than, for adjustment in the avoidance of doubt, any first lien of the Mortgage Interest Rate and Monthly Paymentthat has been disclosed to Buyer)), subject only to the exceptions contained in clauses subpart (i), (ii), (iii) and (iv) of paragraph (jr) of this Section 4.02. Where required by state law or regulationExhibit L, and is otherwise in compliance with the Mortgagor has been given the opportunity to choose the carrier requirements of the required mortgage title insuranceapplicable Approved Investor. AdditionallySeller, such lender’s title insurance policy affirmatively insures ingress its successors and egressassigns, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder holder, servicer or subservicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller, in any case to the Seller;extent it would impair the coverage of any such policy.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Title Insurance. The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to FNMA or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Loan in Pool A, and as to the second priority lien on the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, in the maximum original principal amount of negative amortization the Loan in accordance with Pool B, subject only to the Mortgage) Permitted Exceptions and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest Interest therein. The Seller is Where required by state law or regulation, the sole insured Obligor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. Seller, its successors and assigns are the sole insureds of such lender's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Continuing Loan Purchase Agreement (Westmark Group Holdings Inc)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac, issued by a title insurer acceptable to Xxxxxx Mae Xxx or Xxxxxxx Mac and qualified to do business in the jurisdiction jurisxxxxxxn where the Mortgaged xxx Xxxtgaged Property is located, insuring the SellerMortgagee, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage LoansLoan, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (iA), (iiB), (iii) and (ivC) of paragraph Paragraph (j) of this Section 4.02. Exhibit B. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Mortgagee, its successors and assigns is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the Mortgage, including the Seller, has have done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Chimera Investment Corp)

Title Insurance. The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to FNMA or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the First Mortgage Loan (or with respect Loan, and as to Negative Amortization the second priority lien on the Mortgage Loans, in the maximum original principal amount of negative amortization in accordance with the Mortgage) Second Mortgage Loan, subject only to the Permitted Exceptions and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures Insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Where required by state law or regulation, the sole insured Obligor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. Seller, its successors and assigns are the sole insureds of such lender's title Insurance policy, and such lender’s 's title insurance policy is in valid and remains In full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgagemortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title Insurance policy. In connection with the issuance of such lender's title insurance policy including without limitationpolicy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Continuing Loan Purchase Agreement (Austin Funding Com Corp)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac and each sxxx xxtxx insuxxxxx xolicy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do xxx qualifiex xx xx business in the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan Loan, subject only to the exceptions contained in clauses (or with respect to Negative Amortization i), (ii) and (iii) of representation 10 of this Schedule IV, and in the case of Adjustable Rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Scheduled Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successors and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon on the consummation of the transactions contemplated by this AgreementClosing Date. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerResponsible Party, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerResponsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Ahl)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx txxxe inxxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule VII, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He5)

Title Insurance. The Mortgage Eligible Loan is covered by (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located; or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx MacFHLMC, issued by a title insurer acceptable to Xxxxxx Mae FNMA or Xxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located or if applicable; (iii) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to the FHA with respect to FHA Loans and the VA with respect to VA Loans; or (iv) an ALTA lender's title insurance policy or other generally acceptable form of policy of insurance acceptable to (a) the FHA with respect to the FHA Loans; and (b) the VA with respect to the VA Loans, and each such title insurance policy is issued by a title insurer acceptable to FHA or VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller or the Additional Seller, as applicable, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage LoansEligible Loan, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurancelien. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller or the Additional Seller, as applicable, is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller or the Additional Seller, as applicable, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;policy.

Appears in 1 contract

Samples: Administration Agreement (PHH Corp)

Title Insurance. The Mortgage Loan is covered by an ALTA or CLTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (i)(i), (ii) and (iii) above) the Seller, its successors and assigns, assigns as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or and, with respect to Negative Amortization ARM Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and or Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is and its successors and assigns are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx xixxx insxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction jurixxxxxxon where the Mortgaged xxx Xxrtgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s Buyer's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its their respective successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment), subject only to the exceptions contained in clauses (i1), (ii2), (iii3), and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Tape) and clause (iv4) of paragraph (j) of this Section 4.02Part I of Schedule 1. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s Buyer's title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its respective successors and assigns, are the sole insured insureds of such the lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s 's title insurance policy, and and, to the best of such Seller's knowledge, no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the any Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Advanta Corp)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx txxxe inxxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the SellerNew Century, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is New Century, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Abs Capital I - Mor Pas THR Cert Ser 2003-He1)

Title Insurance. The With respect to each Mortgage Loan is covered by an encumbering any Mortgaged Property, a 2006 ALTA lender’s policy of title insurance (or commitment to issue such a policy having the effect of a loan policy of title insurance) insuring (or committing to insure) the lien of such Mortgage as a valid and enforceable first-priority mortgage or deed of trust lien on the fee estate of each Mortgaged Property described therein, in an amount not less than 115% of the greater of cost or book value of such Mortgaged Property as specified on Annex A attached hereto (such policies collectively, the “Mortgage Policies”) issued by such title insurance company, which reasonably assures the Collateral Agent that the Mortgages on such Mortgaged Properties are valid and enforceable mortgage liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances except Permitted Liens and such Mortgage Policies shall otherwise be in form and substance reasonably satisfactory to the Collateral Agent and shall include such title endorsements as the Collateral Agent shall reasonably request (to the extent applicable and available under local/state law at commercially reasonable rates) (it being understood that such policy or other generally acceptable form of policies may include a so-called “pro tanto” endorsement effectively causing such policy of insurance or policies to be issued concurrently with the policy or policies issued to (i) the collateral agent insuring its Lien on the Mortgaged Properties pursuant to the Credit Agreement and (ii) the collateral agent insuring its Lien on the Mortgaged Properties pursuant to Parent’s existing 10 1/2% Senior Discount Notes due 2012 in connection with the Parent Exchange Offer) on matters relating to usury, first loss, last dollar, contiguity, doing business, nonimputation, public road access, survey, variable rate, environmental lien, subdivision, mortgage recording tax, separate tax lot, so-called comprehensive coverage over covenants and restrictions, zoning (or, in lieu thereof, reports from zoning report companies or zoning letters as may be reasonably acceptable to Xxxxxx Xxx or Xxxxxxx Macthe Collateral Agent), issued by a title insurer acceptable waiver of arbitration, “me too” coverage relating to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan co-insurance and/or re-insurance arrangements (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgageif applicable) and against any loss by reason of the invalidity “cluster” or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;“tie-in” coverage.

Appears in 1 contract

Samples: Indenture (Reddy Ice Holdings Inc)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respect to Mortgage Loans and each xxxx xixxx insxxxxxx policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction jurixxxxxxon where the Mortgaged xxx Xxrtgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Nc1)

Title Insurance. The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to Xxxxxx Xxx (if the related Mortgaged Property is located in Iowa) or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Macinsurance, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the related Mortgaged Property is located, in either case insuring the Seller, Seller and its successors and assigns, assigns as to the first or second priority lien lien, as the case may be, of the Mortgage with respect to First Lien Mortgage Loans and second priority lien in the amount of 100% of the Mortgage with respect to Second Lien Mortgage Loans in the original outstanding principal amount of the Mortgage Loan (or with respect Loan, subject only to Negative Amortization Mortgage LoansPermitted Exceptions and the lien of any senior mortgagee, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the any provisions of the Mortgage providing proving for adjustment in to the Mortgage Interest Rate mortgage interest rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egresspolicy. Immediately prior to the sale of the Mortgage Loan to the Depositor under this agreement, and against encroachments by the Seller, together with its successors or upon the Mortgaged Property or any interest therein. The Seller is assigns, was the sole insured of under such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Depositor. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Seller, has done, by act or omission, anything which would should reasonably be expected to impair the coverage provided by such lender's title insurance policy. In connection with the issuance of such lender’s 's title insurance policy including without limitationpolicy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (Prudential Securities Secured Financing Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, Mac with respect to Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (o) of this Exhibit A, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Originator, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and and, to the Originator's knowledge, no prior holder of the related Mortgage, including the SellerOriginator, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender’s Buyer's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx MacMac or (ii) where (i) is not commercially available, an attorney's opinion of title and abstract of title, the form and substance of which, and the use of such opinion in lieu of title insurance is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located and each such title insurance policy and attorney's opinion of title is issued by and constitutes the valid and binding obligation of a title insurer or attorney (as applicable) generally acceptable to Xxxxxx Mae prudent mortgage lenders that regularly originate or Xxxxxxx Mac purchase mortgage loans comparable to the Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerHoldings, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and or second priority lien of the Mortgage with respect to Second Lien Mortgage Loans Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or with respect to a Loan other than a HELOC (including, if the Loan is an Option ARM Loan or Negative Amortization Mortgage LoansLoan which provides for Negative Amortization, the maximum amount of negative amortization Negative Amortization in accordance with the Mortgage) or the original Credit Limit, with respect to a HELOC, subject only to the exceptions contained in clauses (1), (2), (3) and, with respect to each Loan which is indicated by the Seller to be a second lien Loan (as reflected on the Loan Schedule) clause (4) of paragraph (j) of this Exhibit E, and in the case of adjustable rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly PaymentPayment and with respect to a Loan including an Option ARM Loan which provides for Negative Amortization, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) Negative Amortization provisions of paragraph (j) of this Section 4.02the Note. Where required by state law or regulation, the Mortgagor Borrower has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s Buyer's title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Holdings, its successors and assigns, are the sole insured insureds of such lender’s Buyer's title insurance policy, and such lender’s Buyer's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s Buyer's title insurance policy, and no prior holder or servicer of the related Mortgage, including the SellerSellers, has have done, by act or omission, anything which would impair the coverage of such lender’s Buyer's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by any of the Seller;Sellers.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx Mac, FHLMC and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae FNMA or Xxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerBorrower, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Part I of Annex Two, and any other matters that Bxxxxxxx agreed to allow to be outstanding against the Mortgaged Property, provided that such matters, would not affect the recovery of funds in the event of foreclosure, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor Customer has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses. The Borrower, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the SellerBorrower, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;Borrower. Each title policy includes a clean Patriot Act and OFAC search.

Appears in 1 contract

Samples: Credit and Security Agreement (Manhattan Bridge Capital, Inc)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac, issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac Fannix Xxx ox Xreddxx Xxx and qualified to do business in the jurisdiction where jurisdictixx xxxre the Mortgaged Mxxxxxxxd Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and as to the second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan subject only to the exceptions contained in clauses (1), (2), (3) and (4) of the "Valid First or Second Lien" representation of this Section 4.02, and with respect to Negative Amortization each ARM Mortgage LoansLoan, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Company, its successors and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac, Buyer and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac Buyer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or Loan, with respect to Negative Amortization a Mortgage Loan, subject only to the exceptions contained in clauses (a), (b) and (c) of paragraph (j) of this Schedule 1, and in the case of adjustable rate Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;. Schedule 1-5

Appears in 1 contract

Samples: Master Repurchase Agreement (Five Oaks Investment Corp.)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, issued by a Freddie Mac and each such title insurance policy is issuex xx x xxxle insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxexx the Mortgaged Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Aames, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He7)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac and each suxx xxxlx xnsurxxxx xxlicy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to qualifixx xx do business in businxxx xx the jurisdiction where the Mortgaged Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization the extent a Mortgage LoansNote provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in to the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is Aames, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)

Title Insurance. The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy of or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac, Freddie Mac with respecx xx Morxxxxx Xoans and each such title insurance policy is issued by a title insurer acceptable to Xxxxxx Fannie Mae or Xxxxxxx Freddie Mac and qualified to qualifixx xx do business xxxxxxss in the jurisdiction where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly PaymentLoan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) representation 10 of this Section 4.02Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller is NC Capital, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)

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