Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 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, its successor and assigns, are the sole 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, 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 7 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable (which, in the case of an Adjustable Rate Mortgage Loan has an adjustable rate mortgage endorsement in the form of policy ALTA 6.0 or insurance 6.
1) acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie and ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring (subject to the exceptions contained in (j) above) the Seller, its successors and assigns, 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 in the original principal amount of the Mortgage Loan (or and, with respect to the extent a Mortgage Note 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 any Adjustable Rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment. Where required by the 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 egressegress to and from the Mortgaged Property, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Seller is the sole insureds 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 full force and effect upon the consummation of the transactions contemplated by this Agreement. No To the best of the 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, 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 7 contracts
Sources: Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Af1), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or other generally acceptable form of policy or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance acceptable to Fannie Mae or Freddie Mac policy, and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac issued by a title insurer and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 lien, as applicable, of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Subsection 9.02, 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 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 successor and assigns, are the sole 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 are pending 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, 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 6 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2005-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Title Insurance. The Mortgage Loan (other than each Cooperative Loan) is covered by an ALTA lender's ’s title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ F▇▇▇le i▇▇ M▇▇ or F▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie F▇▇▇▇▇ Mae or Freddie F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, 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 lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note 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 (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 to the Mortgage Interest Rate and Monthly PaymentSection 3.02. 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, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 6 contracts
Sources: Seller’s Warranties and Servicing Agreement (Lehman XS Trust Series 2007-12n), Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-8), Servicing Agreement (LXS 2007-3)
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 ’s title insurance policy or other generally acceptable form of comparable policy or insurance acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac in the industry and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First priority Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) ), and (3) below of paragraph (jl) of this Subsection 9.02Part I of Schedule 1, and in the case of Adjustable Rate 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 mortgage interest rate and Monthly Paymentmonthly 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, 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. Seller, its successor successors and assigns, are the sole 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 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 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 6 contracts
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 if the related Mortgaged Property is located in the state of Iowa an attorney's opinion, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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, 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 6 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2005-4), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's ’s title insurance policy or other generally acceptable short form of title policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ F▇▇▇le i▇▇ M▇▇ and F▇▇▇▇▇▇ Mac (or, in jurisdictions where ALTA policies are not generally approved for use, a lender’s title insurance policy acceptable to Fannie F▇▇▇▇▇ M▇▇ and F▇▇▇▇▇▇ Mac), issued by a title insurer acceptable to F▇▇▇▇▇ Mae or Freddie and F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed related Mortgaged Property is located, insuring (subject to the Sellerexceptions contained in clauses (12)(a) and (b) above) the Seller or Servicer, its successors and assigns, 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 related Mortgage in the original principal amount of the such Mortgage Loan (or to the extent a Mortgage Note 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 ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage Interest applicable Note Rate and Monthly Payment. Additionally, either such lender’s title insurance policy affirmatively insures that there is ingress and egress to and from the Mortgaged Property and the lender’s title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest therein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon The originator of the Mortgaged Property or any interest therein. The SellerMortgage Loan, its successor and assigns, are and/or assignee is the sole insureds 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 full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. No claims have been made under such lender's ’s title insurance policy, and no neither the Seller nor any prior holder of the related Mortgage, including the Seller, Mortgage has done, by act or omission, anything which that would impair the coverage of such lender's title ’s insurance policy, including without limitationand there is no act, no omission, condition, or information that would impair the coverage of such lender’s insurance policy; (b) The mortgage title insurance policy covering each unit mortgage in a condominium or PUD project related to such Mortgage Loan meets all requirements of F▇▇▇▇▇ Mae and F▇▇▇▇▇▇ Mac. No Person has provided or received any unlawful fee, commission, kickback 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 in connection with the Sellertitle insurance policy;
Appears in 5 contracts
Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or other generally acceptable form of policy or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance acceptable to Fannie Mae or Freddie Mac policy, and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac issued by a title insurer and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and ), (3) and 4 of paragraph (j) of this Subsection 9.02, 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 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 successor and assigns, are the sole 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 are pending 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, 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 5 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
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 or insurance acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) 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 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, its successor and assigns, are the sole insureds 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, 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 5 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 the extent a Negative Amortization Mortgage Note provides for negative amortizationLoans, 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 to 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 therein. The Seller, its successor and assigns, are Seller is the sole insureds 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
Sources: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (LXS 2007-3)
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 or insurance acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le iissued by a title insurer acceptable to ▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 (32) 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 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole 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, 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
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged 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 the second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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 4 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Nc2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 if the related Mortgaged Property is located in the state of Iowa an attorney's opinion, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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 the applicable Purchase 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae FNMA or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie Mae FNMA or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 (jxi) of this Subsection 9.02, Section 3.2) and in the case of Adjustable Rate Mortgage Loans, ARM Loans against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing provided for adjustment to the applicable Mortgage Interest Rate and Monthly Payment. Where required ; provided, however, that in the case of any Mortgage Loan secured by state law or regulationa Mortgaged Property located in a jurisdiction where such policies are generally not available, the Mortgagor has been given Mortgage Loan is the opportunity to choose the carrier subject of an opinion of counsel of the required mortgage type customarily rendered in such jurisdiction in lieu of 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, its successor and assigns, are Company is the sole insureds 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, policy and no prior holder of the related Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy. The Company has not done, including without limitationby act or omission, anything that would impair the coverage of such lender’s title insurance policy. 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 4 contracts
Sources: Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-4f), Flow Seller’s Warranties and Servicing Agreement (STARM Mortgage Loan Trust 2007-1), Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2006-9f)
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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ i▇ ▇▇▇le i▇e▇ ▇y a ▇▇▇▇▇ ▇nsurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ju▇▇▇▇▇▇tion whe▇ed ▇ ▇▇▇ 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 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, its successor and assigns, are the sole insureds 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, 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
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Schedule 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 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 SellerAames, its successor and assigns, are the sole 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 SellerAames, 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 SellerAames;
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8), 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 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 or insurance acceptable to Fannie Mae the FHA, ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le iissued by a title insurer acceptable to the FHA, ▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, with respect to each Loan, 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 ’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. Seller, its successor successors and assigns, are the sole 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 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 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 4 contracts
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Sirva Inc), Master Repurchase Agreement (Tree.com, 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 equivalent form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 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, its successor and assigns, are the sole insureds 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, 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
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first (priority lien, as applicable, of the Mortgage and, with respect to a First Lien Loan) ARM Mortgage Loans, against any loss by reason of the invalidity or second (with respect to a Second Lien Loan) priority unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, in each case, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, 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 to the Mortgage Interest Rate and Monthly PaymentSection 3.02. 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, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 4 contracts
Sources: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Servicing Agreement (Structured Asset Securities Corp Mort Pass THR Cert Ser 2002)
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 or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ Mac, GNMA, FHA, VA, as applicable, issued by a title insurer acceptable to Fannie Mae or Freddie Mac ▇▇▇▇▇▇ Mae, ▇▇▇▇▇▇▇ Mac, GNMA, FHA, VA as applicable, and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, (a) 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02Section 3.02, and in the case of Adjustable Rate Mortgage Loans, (b) against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment adjustments 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 4 contracts
Sources: Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
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 FannieMae, or (b) an ALTA lender's title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such issued by a title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and insurer qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Property is located, insuring the Sellerrelated Originator, 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 in the original principal amount of the Mortgage Loan (or First Mortgage, and as to the extent a second priority lien of the Mortgage Note provides for negative amortization, in the maximum original principal amount of negative amortization in accordance with the Second Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02Permitted Exceptions, 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 in the Mortgage Interest Coupon Rate and Monthly 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 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 Sellerrelated Originator, its successor successors and assigns, are the sole insureds (except in the case of a joint protection policy, in which case the related Originator's interest is 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 full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Trust. 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, done 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 3 contracts
Sources: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1), Pooling and Servicing Agreement (Amresco Residential Securities 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 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) of this Subsection 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 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1), Master Servicing and Trust Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Title Insurance. The Acoustic Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or with respect to any Acoustic 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Loanfirst lien Acoustic Mortgage Loans) or second priority lien (with respect to a Second Lien LoanMortgage Loans) priority lien of the Mortgage in the original principal amount of the Acoustic Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of Adjustable Rate adjustable rate Acoustic 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 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 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, 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
Sources: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (GSAMP Trust 2005-He3), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and ▇▇▇▇u▇▇▇ to ▇▇▇ ▇▇▇erwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac prudent lenders in the secondary mortgage market and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerWMC Mortgage Corp., its successor and assigns, are the sole 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 SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Wmc3), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Pooling and Servicing 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 or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ F▇▇▇le i▇▇ M▇▇ or F▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie F▇▇▇▇▇ Mae or Freddie F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, 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 in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note 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 (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 to the Mortgage Interest Rate and Monthly PaymentSection 3.02. 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, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-4), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5)
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 lender's attorney’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 policy or insurance acceptable a commitment to Fannie Mae or Freddie Mac and each issue such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 has been obtained for the Mortgage 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 to relating thereto is a valid first lien on the extent a Mortgage Note provides for negative amortization, property therein described and that the maximum amount mortgaged property is free and clear of negative amortization in accordance with all encumbrances and liens having priority over 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 first lien resulting from the provisions of the Mortgage providing for adjustment to and otherwise in compliance with 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 requirements of the required mortgage title insuranceapplicable Takeout Investor. 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. 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 SellerGuarantor, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and the assignment to the Buyer of the Guarantor’s interest in such lender's ’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 ’s title insurance policy, and no prior holder none of the related 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 ’s title insurance policy, including without limitation. 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
Sources: 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 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion where the ▇ed ortgaged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) of this Subsection 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 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 SellerNC Capital, its successor and assigns, are the sole 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 SellerNC Capital, 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 SellerNC Capital;
Appears in 3 contracts
Sources: 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 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 or insurance acceptable to Fannie Mae or Freddie Mac Buyer and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac Buyer and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 to the Mortgage Interest Rate and Monthly PaymentLoan. 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, 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. Seller, its successor successors and assigns, are the sole 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 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 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 3 contracts
Sources: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's ’s title insurance policy or other generally acceptable short form of title policy or insurance acceptable to Fannie Mae or Freddie Mac FNMA and each such FHLMC (or, in jurisdictions where ALTA policies are not generally approved for use, a lender’s title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac FNMA and FHLMC), issued by a title insurer acceptable to FNMA and FHLMC and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed related Mortgaged Property is located, insuring (subject to the Sellerexceptions contained in clauses (12)(a), (b) and (c) above, and with respect to each Second Lien Mortgage Loan, clause 12(d) above) the Seller or Servicer, its successors and assigns, assigns as to the first (with respect to a First Lien Loan) priority lien or the second (with respect to a Second Lien Loan) priority lien of the related Mortgage in the original principal amount of the such Mortgage Loan (or to the extent a Mortgage Note 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, including any Negative Amortization and in the case of Adjustable Rate Mortgage ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage Interest applicable Note 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, either such lender's ’s title insurance policy affirmatively insures that there is ingress and egress, egress to and from the Mortgaged Property or the Seller warrants that there is ingress and egress to and from the Mortgaged Property and the lender’ s title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest thereintherein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. The Seller, its successor and assigns, are Seller or Servicer is the sole insureds 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 full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. No claims have been made under such lender's ’s title insurance policy, and no neither the Seller, nor to the best of Seller’s knowledge, any prior holder of the related Mortgage, including the Seller, Mortgage has done, by act or omission, anything which that would impair the coverage of such lender's title ’s insurance policy, including without limitationand there is no act, no unlawful feeomission, commissioncondition, kickback or other unlawful compensation information that would impair the coverage of such lender’s insurance policy; (b) The mortgage title insurance policy covering each unit mortgage in a condominium or value PUD project related to such Mortgage Loan meets all requirements of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, FNMA and no such unlawful items have been received, retained or realized by the Seller;FHLMC.
Appears in 3 contracts
Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Purchase, Sale & Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
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 title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, 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 in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note 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 (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 to the Mortgage Interest Rate and Monthly PaymentSection 3.02. 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, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust II 2007-1), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h), 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 lender's title insurance policy or other generally acceptable equivalent form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ i▇ ▇▇▇le i▇e▇ ▇y a ▇▇▇▇▇ ▇nsurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ju▇▇▇▇▇▇tion whe▇ed ▇ ▇▇▇ 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 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, its successor and assigns, are the sole insureds 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, 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
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ t▇▇▇e insurance policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇i▇ed ▇ where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) representation 10 of this Subsection 9.02Schedule VI, 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 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc8), Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2004-Nc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc7)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion where ▇ed ▇▇ ▇ortgaged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5)
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 or insurance acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le iissued by a title insurer acceptable to ▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (ji) 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 to the Mortgage Interest Rate and Monthly PaymentSchedule 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor successors and assigns, are the sole 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 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 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
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Title Insurance. The Except with respect to each Co-op Loan, the Mortgage Loan is covered by an ALTA or CLTA lender's ’s title insurance policy or other generally acceptable form of policy or insurance policy, acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring (subject to the exceptions contained in (g)(i), (ii) and (iii) above, and with respect to each Second Lien Mortgage Loan, clause (g)(iv) above) the Seller, its successors and assigns, 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 in the original principal amount of the Mortgage Loan (or and, with respect to the extent a Mortgage Note 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 ARM 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 in the Mortgage Interest Rate and or 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, Seller and its successor successors and assigns, assigns are the sole 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 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 related 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;.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ that would be acceptable to Fannie Mae or Freddie Mac a prudent lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien Loanfirst lien Mortgage Loans) or second priority lien (with respect to a Second Lien LoanMortgage Loans) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1a), (2b), (c) and (3d) of paragraph representation (j10) of this Subsection 9.02Schedule IV, and in the case of Adjustable Rate 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 Sellertitle 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 Responsible Party, its successor and assigns, are the sole 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 SellerResponsible Party, 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 SellerResponsible Party;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2), Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac FNMA and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac FNMA and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.028.2, 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, its successor and assigns, are the sole 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 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 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
Sources: Residential Mortgage Loan Purchase and Warranties Agreement (Peoples Preferred Capital Corp), Residential Mortgage Loan Purchase and Warranties Agreement (Peoples Preferred Capital Corp)
Title Insurance. The Mortgage Loan (unless it is a Cooperative Loan) is covered by an ALTA lender's ’s title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 (jxi) of this Subsection 9.02, Section 3.2) and in the case of Adjustable Rate Mortgage Loans, ARM Loans against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing provided for adjustment to the applicable Mortgage Interest Rate and Monthly Payment. Where required ; provided, however, that in the case of any Mortgage Loan secured by state law or regulationa Mortgaged Property located in a jurisdiction where such policies are generally not available, the Mortgagor has been given Mortgage Loan is the opportunity to choose the carrier subject of an opinion of counsel of the required mortgage type customarily rendered in such jurisdiction in lieu of 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, its successor and assigns, are Company is the sole insureds 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, policy and no prior holder of the related Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy. The Company has not done, including without limitationby act or omission, anything that would impair the coverage of such lender’s title insurance policy. 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
Sources: Flow Seller’s Warranties and Servicing Agreement (GSR 2006-Ar2), Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1)
Title Insurance. The Accredited Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or with respect to any Accredited 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Loanfirst lien Accredited Mortgage Loans) or second priority lien (with respect to a Second Lien LoanMortgage Loans) priority lien of the Mortgage in the original principal amount of the Accredited Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Subsection 9.02Exhibit 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 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 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 successor and assigns, are the sole 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 purchase 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, 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
Sources: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp 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 or insurance acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 to the Mortgage Interest Rate and Monthly Payment. 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds 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, 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
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 if the related Mortgaged Property is located in the state of Iowa an attorney's opinion, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issueissu▇▇ ▇▇ ▇ a ▇▇tle ▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdictjurisdic▇▇▇▇ ▇▇ere here the ▇▇▇▇▇▇▇ed ged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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 the applicable Purchase 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust Series 2005-3)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable with respect to Fannie Mae or Freddie Mac Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and issued by a title insurer qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerOption One, 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) priority lien ), as applicable, of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule VI, 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 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerOption One, its successor and assigns, are the sole 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 SellerOption One, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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 SellerOption One;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Title Insurance. The Mortgage Loan is covered by either (i) an irrevocable title commitment, or an attorney’s opinion of title and abstract of title, each of which must be in form and substance 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 or insurance acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le iissued by a title insurer acceptable to ▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of Adjustable Rate 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 ’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. Seller, its successor successors and assigns, are the sole 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 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 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
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Stonegate Mortgage Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 if the related Mortgaged Property is located in the state of Iowa an attorney's opinion, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issueissu▇▇ ▇▇ ▇ a ▇▇tle ▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdictjurisdic▇▇▇▇ ▇▇ere here the ▇▇▇▇▇▇▇ed ged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust Series 2005-3)
Title Insurance. The Acoustic Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or with respect to any Acoustic 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Loanfirst lien Acoustic Mortgage Loans) or second priority lien (with respect to a Second Lien LoanMortgage Loans) priority lien of the Mortgage in the original principal amount of the Acoustic Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of Adjustable Rate adjustable rate Acoustic 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 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 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, 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
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Title Insurance. The Weichert Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or with respect to any Weichert 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere e▇▇ the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerWeichert, 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 in the original principal amount of the Weichert Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (jk) of this Subsection 9.0215.02, 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 Sellertitle 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. Weichert, its successor and assigns, are the sole 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 SellerWeichert, 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 Person or entity, and no such unlawful items have been received, retained or realized by the SellerWeichert;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He5), Pooling and Servicing Agreement (GSAMP Trust 2006-He8)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 to in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in and clauses (1), (2), and (3), and with respect to each Second Lien Mortgage Loan clause (4) of paragraph (j) of this Section 8. 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, its successor and assigns, are Seller is the sole insureds 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
Sources: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 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 the extent a Negative Amortization Mortgage Note provides for negative amortizationLoans, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Subsection 9.02Section 7, and in the case of Adjustable Rate with respect to each ARM Mortgage LoansLoan, 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Seller is the sole insureds 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
Sources: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n)
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 ’s title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ 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 issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed Property is locatedissued by a Qualified Insurer, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) priority lien or second (with respect to a Second Lien Loan) priority lien lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)HELOC, subject only to the exceptions contained in clauses (1), (2) and (3i)-(iv) of paragraph (ji) of this Subsection 9.02Exhibit B. Additionally, such title insurance policy affirmatively insures ingress and egress, and in against encroachments by or upon the case of Adjustable Rate Mortgage Loans, against related Mortgaged Property or 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 Paymentinterest 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. 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, its successor successors and assigns, are the sole insureds of such lender's ’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 ’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 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 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
Sources: Heloc Flow Purchase and Servicing Agreement (PennyMac Financial Services, Inc.), Heloc Flow Purchase and Servicing Agreement (PennyMac Mortgage Investment Trust)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable short form of title policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇▇▇ Mac (or, in jurisdictions where ALTA policies are not generally approved for use, a lender's title insurance policy acceptable to Fannie ▇▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇▇▇ Mac), issued by a title insurer acceptable to ▇▇▇▇▇▇ Mae or Freddie and ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed related Mortgaged Property is located, insuring (subject to the Sellerexceptions contained in clauses (12)(a) and (b) above) the Seller or Servicer, its successors and assigns, 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 related Mortgage in the original principal amount of the such Mortgage Loan (or to the extent a Mortgage Note 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, including any Negative Amortization and in the case of Adjustable Rate Mortgage ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage Interest applicable Note 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, either such lender's title insurance policy affirmatively insures that there is ingress and egress, egress to and from the Mortgaged Property or the Seller warrants that there is ingress and egress to and from the Mortgaged Property and the lender's title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest thereintherein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. The Selleroriginator of the Mortgage Loan, its successor and assigns, are and/or assignee is the sole insureds 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 full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. No claims have been made under such lender's title insurance policy, and no neither the Seller, nor to the best of Seller's knowledge, 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 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;related
Appears in 2 contracts
Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-I Trust), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-8t2 Trust)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issuewith respect to Mortgage Lo▇▇▇ ▇▇ ▇d ▇▇ch s▇▇▇ ▇▇▇le i▇▇▇▇▇▇ insurance policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇busines▇ ▇▇ ▇▇ere the he juris▇▇▇▇▇▇▇ed ▇ where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc6), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2004-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 or insurance acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed Property is locatedissued by a Qualified Insurer, insuring (subject to the exceptions contained above in Section 7.02(j)(a) and (b) 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) clause (d)) the Seller, its successors and assigns, or the Originator, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (32) of paragraph (j) of this Subsection 9.027.02, and in the case of Adjustable Rate 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Either the Seller, its successor and assigns, or the Originator, its successors and assigns, are the sole 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 AgreementAgreement and the related Purchase Price and Terms Letter. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including the SellerSeller and the Originator, 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 SellerSeller and the Originator;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-Nc2), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇▇▇ s▇▇▇ tit▇▇ ▇▇▇le i▇▇▇▇▇▇ rance policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇th▇ ▇▇ere the ▇▇▇▇sdiction ▇▇▇ed ▇▇ the Mortgaged Property is located, insuring the SellerNC Capital Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: 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 (a) On the Closing Date, Seller shall, at Seller’s expense, cause to be issued and delivered to Buyer a policy of title insurance policy or other generally acceptable (the “Title Policy”) respecting the owned real property and the leased real property included in the Business Assets and conforming to the following specifications:
(i) The form of the policy will be ALTA Owner’s Policy Form B 1970 (amended 10/17/70), or insurance acceptable as to Fannie Mae leasehold estates, ALTA Leasehold Owner’s Policy – 1975, or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business the current approved form for the jurisdiction in which the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed Property owned real property is located, insuring with an endorsement deleting any exclusion or exception for creditors’ rights;
(ii) The policy will be issued and underwritten by Lawyer’s Title Insurance Company (the “Title Company”);
(iii) The insured will be Buyer;
(iv) The policy will be in an amount equal to that portion of the Purchase Price that is allocated to Real Estate under Section 3.6 above;
(v) The policy will be dated concurrent with or subsequent to the Closing;
(vi) There will be no exceptions to coverage other than the Permitted Liens;
(vii) To the extent available in the applicable jurisdiction, the policy shall contain a zoning endorsement in the form of ALTA Form 3.1 (or the equivalent form in the applicable jurisdiction) showing the zoning classification of the owned real property and the leased real property and confirming that the current use of the owned real property and the leased real property is in conformance with the applicable zoning laws and use restrictions;
(viii) In the event that the portions of the owned real property and/or the leased real property included in the Business Assets and identified on Exhibit A-1 as non excess property consists of more than one parcel, the policy shall contain an affirmative statement of insurance to the effect that all parcels of land constituting such identified real property are contiguous; and
(ix) The policy shall also contain such other affirmative statements of insurance and endorsements (for example, but not by way of limitation, an “access endorsement”) as Buyer may reasonably require, provided that such endorsements are available in the jurisdiction in which the Business is located and that Buyer pays the cost of any endorsements requested by Buyer.
(b) Promptly after the execution of this Agreement, Seller shall deliver to Buyer (A) a current commitment from the Title Company setting forth the basis upon which the Title Company is willing to insure title to the owned real property and the leased real property included in the Business Assets (the “Title Commitment”), and (B) a current Alta/ACSM “as built” Land Title Survey of such real property; prepared at Seller’s expense, which shall be, together with such additional certifications as may be required (and provided at Seller’s expense), sufficient for the Title Company to issue its successors Title Policy as required by Section 4.6(a) (the “Survey”). Without limiting the generality of the foregoing, the Survey shall be reasonably satisfactory in form and assignssubstance to Buyer, prepared and certified to Buyer by a registered land surveyor or licensed civil engineer (registered or licensed in the state where the owned real property is located) showing (i) the boundaries and legal descriptions of such owned real property, (ii) the location of all roadways and other accessways upon, across or adjacent to such premises, (iii) the location and book and page or document number of all easements and rights-of-way affecting such real estate which are of record, visible upon inspection of such property or otherwise known to the person rendering such survey, (iv) all structures and improvements including sidewalks, parking and paved areas, and the relation thereof to parcel boundary lines, easements and established building and set-back lines, (v) utility lines (water, sewer, gas, electric and telephone), as to the first (with respect to a First Lien Loan) either above or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortizationbelow grade, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3vi) 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 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 thereinon adjoining property. The Seller, its successor and assigns, are the sole 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 surveyor shall locate or set bars at all corners of the transactions contemplated by this Agreement. No claims surveyed property and shall reflect the same on the Survey.
(c) Buyer shall have been made under such lender's title insurance policy, and no prior holder thirty (30) days after receipt of the related MortgageTitle Commitment and the Survey, including together with copies of all matters shown as exceptions thereon, to review the Sellerstatus of title disclosed in the Title Commitment. Buyer shall approve the Title Commitment and the Survey unless Buyer determines, has donein its commercially reasonable judgment, that any title defect would materially interfere with the operation of the Business or make title to the Real Estate unmarketable. If Buyer timely objects to any material defect in title to the Real Estate, then Buyer and Seller shall negotiate in good faith to determine whether the defect can be cured to Buyer’s satisfaction. If Buyer and Seller are unable to agree on a satisfactory cure for any defect within fifteen (15) days after Buyer delivers its objections, then Buyer shall have the right to terminate this Agreement and receive a return of the Deposit by act or omissionwritten notice to Seller and the Deposit Holder delivered within ten (10) days after the negotiation period ends. If Buyer fails to terminate this Agreement within the said ten (10) day period, anything which would impair Buyer shall be deemed to have waived its objections and to have accepted title as shown on 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;Title Commitment.
Appears in 2 contracts
Sources: Asset Purchase and Sale Agreement (Herbst Gaming Inc), Asset Purchase and Sale Agreement (Herbst Gaming Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion where ▇ed ▇▇ ▇ortgaged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1A), (2B) and (3C) of paragraph (j) of this Subsection 9.02Schedule, 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 SellerDecision One, its successor and assigns, are the sole 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 SellerDecision One, 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 SellerDecision One;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)
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 title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac policy, and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and issued by a title insurer qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the Seller, its successors and assigns, mortgagee as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) appropriate priority of the lien of the Mortgage 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 to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii) and (3iv) of paragraph (jh) of this Subsection 9.02Section 7.02, and and, in the case of Adjustable Rate an adjustable rate Mortgage LoansLoan, 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 related 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, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such 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 Agreementeffect. No claims have been made under such lender's title insurance policy, and no neither Seller, nor to Seller's knowledge, any prior holder of the related Mortgage, including the Seller, Mortgage has done, by act or of omission, anything which would impair the coverage of such lender's title insurance 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
Sources: 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 title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac us and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the Seller, its us and our 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Note, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jp) of this Subsection 9.02Section, 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 interest rate and Monthly Paymentmonthly 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, its We and our successor and assigns, are the sole 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 policypolicy and, and no neither us nor, to the best of our knowledge, 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 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
Sources: Master Participation and Servicing Agreement (Pfgi Capital Corp), Master Participation and Servicing Agreement (Pfgi Capital Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere e▇▇ the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) 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 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, its successor and assigns, are the sole 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 purchase of the Mortgage Loan as 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)
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 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) of this Subsection 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 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, its successor and assigns, are the sole 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 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 title insurance policy, including without limitationand 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
Sources: Pooling and Servicing Agreement (Sabr Trust 2005-Fr2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)
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 or title insurance where the applicable local jurisdiction does not allow for such lender’s title policy, acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer or such other insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or and, with respect to the extent a Mortgage Note 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 ARM 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 in the Mortgage Interest Rate and or 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, Seller and its successor successors and assigns, assigns are the sole insureds 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 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 related 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;.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Jpmac 2006-Acc1), Pooling and Servicing Agreement (Jpmac 2006-Cw2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Schedule 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 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 SellerAames, its successor and assigns, are the sole 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 SellerAames, 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 SellerAames;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-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 title insurance policy policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le iu▇▇ by a ▇▇▇▇▇ insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the j▇▇▇▇▇▇ction wh▇ed ▇▇ ▇▇▇ 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 (32) 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 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, its successor and assigns, are the sole 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, 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
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)
Title Insurance. The ResMAE Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or with respect to any ResMAE 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and issued by a title insurer qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Loanfirst lien ResMAE Mortgage Loans) or second priority lien (with respect to a Second Lien LoanMortgage Loans) priority lien of the Mortgage in the original principal amount of the ResMAE Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Subsection 9.02Exhibit II, and in the case of Adjustable Rate 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 ResMAE 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Title Insurance. The Mortgage Loan is covered by an ALTA A lender's ’s policy of title insurance (or commitment to issue such a policy or other generally acceptable form having the effect of a policy or of title insurance) issued by a nationally recognized title insurance company reasonably acceptable to Fannie Mae the Agent (the “Title Company”) insuring (or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable committing to Fannie Mae or Freddie Mac and qualified to do business in insure) the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 applicable Mortgage as valid and enforceable first priority mortgage lien on the Mortgaged Property described therein (each, a “Title Policy”) which insures the Agent that such Mortgage creates a valid and enforceable first priority mortgage lien on such Mortgaged Property, in an amount not less than the original principal amount fair market value of such Mortgaged Property as reasonably determined, in good faith, by the Mortgage Loan Borrower and reasonably acceptable to the Agent (it being agreed that in lieu of any current appraisal, a current real property tax assessment may be used for such purpose), free and clear of all defects and encumbrances except Permitted Encumbrances, together with such endorsements (or to the extent a Mortgage Note 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 Loanszoning, against any loss by reason zoning reports from a nationally recognized provider) as the Agent reasonably requests (or where such endorsements are not available, opinions of the invalidity special counsel, architects or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment other professionals reasonably acceptable to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulationAgent), the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionallyincluding, 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, its successor and assigns, are the sole 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, including without limitation, no unlawful feeto the extent available at commercially reasonably rates, commissiona “tie-in” or “cluster” endorsement, kickback if available under applicable law (i.e., policies which insure against losses regardless of location or other unlawful compensation or allocated value of the insured property up to a stated maximum coverage amount), endorsements on matters relating to usury, first loss, last dollar, zoning, contiguity, future advances, 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 restrictions and for any kind has been or will be received, retained or realized by any attorney, firm or and all other person or entitymatters that the Agent may request. Such Title Policy shall not include an exception for mechanics’ liens, and no shall provide for affirmative insurance and such unlawful items have been received, retained or realized by reinsurance (including direct access agreements) as the SellerAgent may reasonably request;
Appears in 2 contracts
Sources: Abl Credit Agreement (Lands End Inc), Term Loan Credit Agreement (Lands End 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 title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ M▇▇, ▇▇s▇▇▇ by ▇ ▇▇▇le i▇▇▇▇▇▇ insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇M▇▇ ▇▇ere ▇ qualifi▇▇ ▇▇ ▇o business in the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note 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 to the Mortgage Interest Rate and Monthly PaymentSection 3.01. 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, its successor and assigns, are Seller is the sole insureds 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
Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ncm2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates, Series 2004-Ncm1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged 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) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4), 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 title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac FNMA and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac FNMA and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.028.2, and in the case of Adjustable Rate Mortgage Loans, 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 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, its successor and assigns, are the sole 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, 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
Sources: 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 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 or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ F▇▇▇le i▇▇ M▇▇, F▇▇▇▇▇▇ Mac, GNMA, FHA, VA, as applicable, issued by a title insurer acceptable to Fannie Mae or Freddie Mac F▇▇▇▇▇ Mae, F▇▇▇▇▇▇ Mac, GNMA, FHA, VA as applicable, and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, (a) 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02Section 3.02, and in the case of Adjustable Rate Mortgage Loans, (b) against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment adjustments 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 ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 2 contracts
Sources: Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae F▇▇▇▇▇ M▇▇ or Freddie F▇▇▇▇▇▇ Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ issued by a title insurer acceptable to F▇▇▇le i▇▇ Mae or F▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerNC Capital Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc1)
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 title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae FNMA or Freddie Mac and each such FHLMC, issued by a title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ insurer acceptable to Fannie Mae FNMA or Freddie Mac FHLMC and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerCompany, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02, Section 3.02 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 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, its successor and assigns, are Company is the sole insureds 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 SellerCompany, 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 SellerCompany;
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Schedule IV, 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 SellerAames, its successor and assigns, are the sole 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 SellerAames, 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 SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He9)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le ▇ ▇i▇▇▇ ins▇▇▇▇▇▇ policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the juri▇▇▇▇▇▇on where ▇ed ▇▇ ▇▇rtgaged Property is located, insuring the SellerNew Century Mortgage Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Nc1)
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 or insurance acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 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, its successor and assigns, are the sole insureds 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, 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
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's ’s title insurance policy or other generally acceptable short form of title policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇, Freddie Mac or GNMA (or, in jurisdictions where ALTA policies are not generally approved for use, a lender’s title insurance policy acceptable to Fannie Mae or ▇▇▇▇▇▇ ▇▇▇, Freddie Mac or GNMA), issued by a title insurer acceptable to ▇▇▇▇▇▇ ▇▇▇, Freddie Mac or GNMA, and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed related Mortgaged Property is located, insuring (subject to the Sellerexceptions contained in clauses (11)(a) and (b) above) the Seller or the Servicer, its successors and assigns, 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 related Mortgage in the original principal amount of the such Mortgage Loan (or to the extent a Mortgage Note 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 ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage Interest applicable Note 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, either such lender's ’s title insurance policy affirmatively insures that there is ingress and egress, egress to and from the Mortgaged Property or the Seller warrants that there is ingress and egress to and from the Mortgaged Property and the lender’s title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest thereintherein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. The Seller, its successor and assigns, are Seller or the Servicer is the sole insureds 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 full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. No claims have been made under such lender's ’s title insurance policy, and no neither the Seller, nor to the best of the Seller’s knowledge, any prior holder of the related Mortgage, including the Seller, Mortgage has done, by act or omission, anything which that would impair the coverage of such lender's title ’s insurance policy, including without limitationand there is no act, no unlawful feeomission, commissioncondition, kickback or other unlawful compensation information that would impair the coverage of such lender’s insurance policy; (b) The mortgage title insurance policy covering each unit mortgage in a condominium or value PUD project related to such Mortgage Loan meets all requirements of any kind has been ▇▇▇▇▇▇ ▇▇▇, Freddie Mac 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 SellerGNMA;
Appears in 1 contract
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 or insurance acceptable to Fannie Mae FNMA or Freddie Mac FHLMC and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae FNMA or Freddie Mac FHLMC and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerBorrower, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Part I of Annex Two, and any other matters that B▇▇▇▇▇▇▇ 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 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 Customer 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, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The Sellertitle policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses. The Borrower, its successor successors and assigns, are the sole 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 Loan Agreement. No claims have been made under such lender's ’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 ’s title insurance policy, including 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
Sources: Credit and Security Agreement (Manhattan Bridge Capital, Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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) second] priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Loan, 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 in the Mortgage Interest Rate and Monthly Payment,] subject only to the exceptions contained in and clauses (1), (2), and (3), and with respect to each Second Lien Mortgage Loan clause (4) of paragraph (j) of this Section 8. 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, its successor and assigns, are Seller is the sole insureds 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 1 contract
Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable short form of title policy or insurance acceptable to Fannie Mae or Mae, Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ or GNMA (or, in jurisdictions where ALTA pol▇▇▇le i▇▇ a▇▇ no▇ ▇▇▇▇▇▇ ally approved for use, a lender's title insurance policy acceptable to Fannie Mae or Mae, Freddie Mac or GNMA), issued by a title insurer acceptab▇▇ ▇▇ F▇▇▇ie ▇▇▇, ▇reddie Mac or GNMA, and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇dictio▇ ▇▇ed ▇▇▇ the related Mortgaged Property is located, insuring (subject to the Sellerexceptions contained in clauses (11)(a) and (b) above) the Seller or the Servicer, its successors and assigns, 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 related Mortgage in the original principal amount of the such Mortgage Loan (or to the extent a Mortgage Note 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 ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage Interest applicable Note 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, either such lender's title insurance policy affirmatively insures that there is ingress and egress, egress to and from the Mortgaged Property or the Seller warrants that there is ingress and egress to and from the Mortgaged Property and the lender's title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest thereintherein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. The Seller, its successor and assigns, are Seller or the Servicer is the sole insureds 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 full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. 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, 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;'s
Appears in 1 contract
Sources: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇ a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the juri▇▇▇▇▇▇▇ed on wher▇ 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ issued ▇▇ ▇ t▇▇▇le i▇e in▇▇▇▇▇ acceptable ▇cceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇jurisdicti▇▇ ▇▇ere ▇re the M▇▇▇▇▇▇▇ed d 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) 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 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, its successor and assigns, are the sole 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 purchase of the Mortgage Loan as 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)
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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 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, its successor and assigns, are the sole insureds 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, 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
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)
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 or insurance acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae or Freddie Mac under the Underwriting Guidelines and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph (j) of this Subsection 9.027.02 of the CHL Purchase Agreement, 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)
Title Insurance. The Mortgage Loan is covered Failure or refusal by an ALTA lender's the Title Company, by reason of any matter affecting title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first (with respect Property or Improvements, to insure any Advance as giving rise to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)valid first lien, subject only to Permitted Liens or those exceptions previously approved by Lender pursuant to this Agreement, provided that Borrower shall have 30 days from the exceptions contained in clauses date of such failure or refusal to cure any such matter affecting title and to obtain such insurance;
(1)i) declare the Total Commitment terminated, (2ii) declare all principal, interest and other amounts due and payable hereunder and under the Loan Documents, to be immediately due and payable whereupon all such amounts will immediately be due payable, without presentment, demand, protest or notice of any kind, all of which hereby are waived by Borrower, and (iii) exercise any other rights and remedies provided hereunder, under any of the Loan Documents and/or by applicable law. After the occurrence of any Event of Default, Lender is authorized at any time and from time to time without notice to Borrower to offset, appropriate and apply to all or any part of the Obligations all moneys, credits, deposits (general or special, demand or time, provisional or final) and other property of any nature whatsoever of Borrower now or at any time hereafter in the possession of, in transit to or from, under the control or custody of, or on deposit with (3whether held by Borrower individually or jointly with another party) Lender any or all indebtedness at any time owing by Lender to or for the credit or account of paragraph Borrower. The rights and remedies of Lender upon the occurrence of any Event of Default will include but not be limited to all rights and remedies provided in the Loan Documents and all rights and remedies provided under applicable law. Borrower irrevocably waives (ja) any requirement of this Subsection 9.02marshalling of the Collateral upon the occurrence of any Event of Default and (b) any right to direct the application of any payments received by Lender from or on behalf of Borrower after the occurrence of any Event of Default. Lender, at its option, may apply any or all funds not previously disbursed to payment of outstanding invoices and to completion of the Improvements, with the right and power in such event to enter upon and take possession of the Project and the Improvements, to make such changes in the Plans and Specifications as may seem desirable, and to do all things reasonably necessary in Lender's opinion to complete or partially complete the Improvements. Lender shall not be responsible for the workmanship and materials in such completion or partial completion of construction, with the single exception that Lender shall be required to use reasonable care in the case of Adjustable Rate Mortgage Loans, against any loss by reason selection of the invalidity contractor 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 contractors used by state law it in such completion 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, its successor and assigns, are the sole 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, 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;partial completion.
Appears in 1 contract
Sources: Line of Credit Agreement (Grand Court Lifestyles 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 or insurance acceptable to Fannie Mae FNMA or Freddie Mac FHLMC and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ issued by a title insurer acceptable to Fannie Mae FNMA or Freddie Mac FHLMC and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring the SellerBorrower, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Part I of Annex Two, and any other matters that Borrower agreed to allow to be outstanding against the Property, provided that such matters, would not affect the recovery of funds in the event of foreclosure, and in the case of Adjustable Rate 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 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 Sellertitle policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses. The Borrower, its successor successors and assigns, are the sole 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 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
Sources: Credit and Security Agreement (Manhattan Bridge Capital, Inc)
Title Insurance. The Mortgage Loan is covered by an American Land Title Association (“ALTA”) ALTA lender's ’s title insurance policy or binder or other generally acceptable form assurance of policy or title insurance customary and acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇▇▇ Mac (which, in the case of an Adjustable Rate Mortgage Loan has an adjustable rate mortgage endorsement in the form of ALTA 6.0 or 6.1), issued at origination by a title insurer acceptable to Fannie Mae or Freddie Mac under the Seller’s Underwriting Guidelines and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed Mortgaged Property is located, insuring (subject to the exceptions contained above in (xi)(a) and (b) 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) clause (d)) the Seller, its successors and assigns, 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 in the original principal amount of the Mortgage Loan (or and, with respect to the extent a Mortgage Note 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 any Adjustable Rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in 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 ’s title insurance policy affirmatively insures ingress and egressegress to and from the Mortgaged Property, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Seller is the sole insureds 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 full 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, 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
Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He3)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇ issued by ▇ title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdicti▇ ▇▇▇ j▇▇▇sdic▇▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie ▇▇▇▇▇▇ Mae or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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) second] priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Loan, 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 in the Mortgage Interest Rate and Monthly Payment,] subject only to the exceptions contained in and clauses (1), (2) and (3), and with respect to each Second Lien Mortgage Loan clause (4) of paragraph (j) of this Section 8. 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, its successor and assigns, are Seller is the sole insureds 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 1 contract
Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Title Insurance. The Each Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is Mac, issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified qu▇▇▇▇▇▇d to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed s in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (j)(1), (2), and (3) above) 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 to the Mortgage Interest Rate and Monthly PaymentLoan. 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, such title insurance policy has been duly and validly endorsed to the Purchaser or the assignment to the Purchaser of the Seller's interest therein does not require the consent of or notification to the insurer and such lender's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and the Purchase Price and Terms Letter. 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, 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
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere e▇▇ the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Schedule 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 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 SellerAames, its successor and assigns, are the sole 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 SellerAames, 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 SellerAames;
Appears in 1 contract
Sources: 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 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇t▇▇ ▇▇ere the ▇i▇▇▇▇▇▇▇ed ction 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1A), (2B) and (3C) 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 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, its successor and assigns, are the sole 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, 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He1)
Title Insurance. The NC Capital Mortgage Loan is covered by an ALTA lender's title insurance policy policy, or with respect to any NC Capital 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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇d ▇▇ a t▇▇▇▇ ▇▇surer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien LoanNC Capital Mortgage Loans) or second priority lien (with respect to a Second Lien LoanNC Capital Mortgage Loans) priority lien of the Mortgage in the original principal amount of the NC Capital Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) representation 10 of this Subsection 9.02Schedule VII, and in the case of Adjustable Rate NC Capital 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 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Sellertitle 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 Responsible Party, its successor successors and assigns, are the sole 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 SellerResponsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He3)
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 or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇ b▇ ▇ tit▇▇ ▇▇▇▇rer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the juris▇▇▇▇▇▇n where ▇ed ▇▇ ▇▇▇tgaged 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2i) and (3ii) of paragraph 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 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, its successor and assigns, are the sole insureds 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, 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
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇ ▇u▇▇ titl▇ ▇▇▇▇▇▇ ance policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇diction ▇▇ed ▇▇▇ ▇he 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) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule 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 Interest Rate and Monthly 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole 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 SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc Mort Pas THR Certs Ser 2003-Nc9)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Schedule X, 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 SellerAames, its successor and assigns, are the sole 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 SellerAames, 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 SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
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 or insurance acceptable to Fannie Mae F▇▇▇▇▇ M▇▇ or Freddie F▇▇▇▇▇▇ Mac and each such title insurance policy is issue▇ ▇▇ ▇ issued by a title insurer acceptable to F▇▇▇le i▇▇ Mae or F▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, with respect to each Loan, 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 ’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. Seller, its successor successors and assigns, are the sole 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 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 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
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Title Insurance. The Mortgage Loan is covered by an ALTA lender'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 or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere the jur▇▇▇▇▇▇ion wher▇ ▇ed ▇▇ ▇ortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) representation 10 of this Subsection 9.02Schedule VI, 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 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole 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 SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including 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
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ issued ▇▇ ▇ t▇▇▇le i▇e in▇▇▇▇▇ acceptable ▇cceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdict▇jurisdicti▇▇ ▇▇ere ▇re the M▇▇▇▇▇▇▇ed d 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 in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note 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 9.02Schedule 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 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 SellerAames, its successor and assigns, are the sole 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 SellerAames, 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 SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
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 F▇▇▇▇▇ M▇▇ (if the related Mortgaged Property is located in Iowa) or (b) an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such of insurance, issued by a title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to Fannie Mae or Freddie Mac and insurer qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed related Mortgaged Property is located, in either case insuring the Seller, Seller and its successors and assigns, assigns as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien lien, as the case may be, of the Mortgage in the original amount of 100% of the outstanding principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to Permitted Exceptions and the exceptions contained in clauses (1), (2) and (3) lien of paragraph (j) of this Subsection 9.02any senior mortgagee, 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 any provisions of the Mortgage providing proving for adjustment to the Mortgage Interest Rate mortgage interest rate and Monthly Payment. 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 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 or upon the Mortgaged Property or any interest therein. The Seller, together with its successor and successors or assigns, are was the sole insureds of insured under 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 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 title insurance policy, and no prior holder of the related 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 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
Sources: Mortgage Loan Sale Agreement (Residential Asset Funding Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to Fannie Mae ▇▇▇▇▇▇ ▇▇▇ or Freddie ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdict▇▇▇ ▇▇ere jurisdiction where the ▇▇▇▇▇▇▇ed 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 in the original principal amount of the Mortgage Loan (or . and, with respect to the extent a Mortgage Note 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 to in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in and clauses (1). (2), (3), and (5) and with respect to each Second Lien Mortgage Loan clause (4) of paragraph Q) of this Section 8. 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, its successor and assigns, are related Seller is the sole insureds 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 related 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 related Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)