Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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 8 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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 (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 4 of paragraph (j) of this Subsection 9.02, 9.02 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOriginator, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iv) of paragraph (j) above and in the case of this Subsection 9.02second liens, the exception contained in clause (iii) of paragraph (j) above, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerOriginator, its successors 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 are pending under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including the SellerOriginator, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E)
Title Insurance. The Mortgage Loan is covered by At the Closing, and as a condition thereto, the Title Company shall issue to Purchaser an ALTA lender's extended coverage Owner’s Policy of Title Insurance (the “Title Policy”) with liability in the amount of the Purchase Price, showing title to the Real Properties vested in the Purchaser, with such endorsements as Purchaser shall request and Title Company shall have agreed to issue same, subject only to: (i) the pre-printed standard exceptions in such Title Policy that are not customarily deleted at closings following the Title Company’s receipt of all Schedule B-1 or Schedule C (as applicable) requirements contained in the PTRs, (ii) exceptions approved or deemed approved by Purchaser pursuant to Section 6.2 above, (iii) the Tenant Leases, (iv) any taxes and assessments for any year that are not yet due and payable as of the Closing, (v) [intentionally deleted], (vi) a specific, itemized list of adverse matters shown on the Updated Survey, or any updates thereto, that are approved or deemed approved by Purchaser pursuant to Section 6.2 above or shown on the PTRs, (vii) any matters which are affirmatively insured over on terms acceptable to Purchaser in its sole and absolute discretion, and (viii) any exceptions arising from Purchaser’s actions (collectively, the “Permitted Exceptions”). In the event Purchaser elects not to pay for any additional premium for the ALTA extended coverage policy, then the Title Policy to be issued as of the Closing shall be a standard ALTA Owner’s Policy of Title Insurance which shall include, among other things, a general survey exception. It is understood that Purchaser may request a number of endorsements to the Title Policy, but the issuance of any such endorsements shall not be a condition to Closing. If (i) the Title Company (A) is unable or unwilling to consummate Closing or to otherwise delete or revise any title exception, issue any endorsement or commit to any specific coverage or affirmative title insurance policy, or requested by Purchaser with respect to the Title Policy or any Mortgage Loan for which title policy requested by Purchaser’s lender (such requested insurance, the related Mortgaged Property is located in California a CLTA lender's title insurance policy“Requested Insurance”), or (B) requires that Purchaser, Seller, Purchaser’s lender or any other generally acceptable third party provide any affidavits, indemnities, agreements, due diligence or other documentation in order for the Title Company to consummate Closing or to otherwise provide the Requested Insurance, (ii) Purchaser provides written evidence (which may be via electronic mail) to Sellers of such inability or unwillingness of, or requirements by, the Title Company to provide the Requested Insurance, and (iii) Purchaser provides written evidence to Sellers that Fidelity National Title Insurance Company (“Fidelity”) has committed to consummate Closing or to otherwise provide the Requested Insurance without requiring the satisfaction of any requirements of Title Company being contested by Purchaser, Purchaser shall have the right (the “Title Company Option”) to transfer responsibility as the Title Company hereunder to Fidelity by written notice to Seller. If Purchaser properly exercises the Title Company Option, (w) Title Company, Seller and Purchaser shall cause the ▇▇▇▇▇▇▇ Money Deposit to be transferred to Fidelity, (x) Fidelity shall execute a revised Title Company Joinder page to this Agreement upon receipt of the ▇▇▇▇▇▇▇ Money Deposit, (y) the Closing Extension Conditions shall be modified to remove the condition precedent described in Section 10.8(b), and (z) Seller shall not be required to modify the form of policy or insurance acceptable Owner Affidavit attached hereto as Exhibit K except to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to change the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) name of the Mortgage in the original principal amount of the Mortgage Loan, subject only Title Company to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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;Fidelity.
Appears in 4 contracts
Sources: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iii) of paragraph (jm) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 Person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 4 contracts
Sources: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Caliber Home Loans, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lenderattorney's opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA lenderor (ii) an ALTA Lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions FNMA or FHLMC and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerBorrower, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and and, with respect to each Mortgage Loan which is indicated by the Borrower to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Data Transmission) clause (4) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 lenderLender'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 exceptions exception or to replace the standard survey exception with a specific survey reading. The SellerBorrower, its successors and assigns, are the sole insureds of such lenderLender's title insurance policy, and such lenderLender'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 Warehouse Agreement. No claims have been made under such lenderLender'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 lenderLender'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.
Appears in 4 contracts
Sources: Warehouse Loan and Security Agreement (Aames Financial Corp/De), Warehouse Loan and Security Agreement (Aames Financial Corp/De), Warehouse Loan and Security Agreement (Aames Financial Corp/De)
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 with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions FNMA or FHLMC and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerBorrower, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and (43) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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, 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 exception or to replace the standard survey exception with a specific survey reading. The SellerBorrower, its 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.
Appears in 3 contracts
Sources: Loan Agreement (Southern Pacific Funding Corp), Master Loan and Security Agreement (Aames Financial Corp/De), Loan Agreement (Southern Pacific Funding Corp)
Title Insurance. The MILA Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any MILA 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the SellerMILA, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the MILA Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, and in the case of adjustable rate MILA 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 SellerMILA, its successors successor and assigns, are the sole insureds of such lender's title ▇▇▇le 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 MILA Purchase Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including the SellerMILA, 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 SellerMILA;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), 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 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1)
Title Insurance. The first lien Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Senderra 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the SellerSenderra, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Senderra Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 SellerSenderra, its 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 SellerSenderra, 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 SellerSenderra;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), 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 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 pursuant to prudent subprime mortgage lending institutions the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making lenders in the secondary mortgage loans similar to the Mortgage Loans market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc3), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1)
Title Insurance. The Acoustic Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇i▇▇ where the Mortgaged Property is located, insuring the SellerAcoustic, its successors and assigns, as to the first priority lien (with respect to first lien Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of 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 SellerAcoustic, its successors 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 SellerAcoustic, 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 SellerAcoustic;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Title Insurance. The Other than each Cooperative Mortgage Loan, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance in accordance with the Underwriting Guidelines, with respect to each Agency Mortgage loan, acceptable to prudent subprime mortgage lending institutions the applicable Agency, and with respect to FHA Loans, RHS Loans and VA Loans, the FHA, RHS or VA, as the case may be, and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, as applicable, and with respect to FHA Loans, RHS Loans and VA Loans, the Mortgage Loans FHA, RHS or the VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 Repurchase 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 3 contracts
Sources: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerResponsible Party, its successors 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 3 contracts
Sources: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pa Th Ce Se 2002-He), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1)
Title Insurance. The Acoustic Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of 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 successors 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, 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOriginator, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iv) of paragraph (j) above and in the case of this Subsection 9.02second liens, the exception contained in clause (iii) of paragraph (j) above, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerOriginator, its successors 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 SellerOriginator, 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 SellerOriginator;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Mortgage Loan Purchase Agreement (Fremont Mortgage Securities Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) lien, as applicable, of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, Schedule III 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerResponsible Party, its successors 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 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 3 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm3), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1)
Title Insurance. The Sebring Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Sebring 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the SellerSebring, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Sebring Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, and in the case of adjustable rate Sebring 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 SellerSebring, its 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 SellerSebring, 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 SellerSebring;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He8)
Title Insurance. The Accredited Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Accredited Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Accredited Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit III, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 Mortgage Loan is covered by an ALTA lender's title insurance policyAt the Closing, or with respect the Escrow Agent shall direct the Title Company to any Mortgage Loan for which issue 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 Title Policy to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business Buyer in the jurisdiction where amount of the Mortgaged Property is located, insuring the Seller, its successors and assignsPurchase Price, as described in Paragraph 9(a)(ii) of this Agreement. In the event that Buyer desires to the first priority lien obtain (with respect to first lien Mortgage Loansthe Real Property and the Improvements to be conveyed hereunder) or second priority lien an extended coverage owner's policy of title insurance (with respect “Extended Coverage Title Policy”) and/or any endorsements (“Endorsements”) to Second Lien Mortgage Loansthe Title Policy for the Real Property to be conveyed hereunder, Buyer shall notify Escrow Agent and Seller within five (5) business days after the Opening of Escrow. Buyer shall be responsible for the payment of the Mortgage difference between (a) the cost of an Extended Coverage Title Policy, including any and all Endorsements and (b) the cost of a standard form Owner's Policy of Title Insurance (“Additional Title Policy Charge”). Buyer shall timely satisfy all additional requirements of the Title Company to the issuance of the Extended Coverage Title Policy and any Endorsements. If the Title Company requires a new Survey as a condition to the issuance of an Extended Coverage Title Policy, Buyer shall timely make the necessary arrangements to engage a surveyor, specify requirements, approve and pay the cost of, and otherwise cause a Survey to be timely obtained at Buyer's expense. Any such Survey shall be in a form acceptable to remove the survey exception(s) from the Title Policy as required by the Title Company and shall otherwise be in the original principal amount following form: (i) the Survey shall be made in accordance with the “2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys” as jointly established and adopted by American Land Title Association and National Society of Professional Surveyors; (ii) the Survey shall be certified by the surveyor to Seller, Buyer, Buyer's lender, if any, and the Title Company. If Buyer obtains a Survey, it shall deliver a copy of the Mortgage Loan, subject only Survey to Seller and Title Company. Buyer's ability to obtain the Extended Coverage Title Policy and/or any Endorsements shall not be a condition to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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;Closing.
Appears in 2 contracts
Sources: Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement (Steadfast Income REIT, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇ion where the Mortgaged ▇▇▇ ▇ortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien First Lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (3iii) and (4iv) of paragraph (j) representation 10 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 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 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 SellerResponsible Party, its 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 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2004-Nc1), Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-Nc1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the applicable Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses subclause (1i), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 Scheduled 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 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 exception or to replace the standard survey exception with a specific survey reading. The applicable Seller, its successors 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 are pending under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including the applicable 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 applicable Seller;
Appears in 2 contracts
Sources: Transfer and Servicing Agreement (FBR Securitization, Inc.), Transfer and Servicing Agreement (First NLC Securitization, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions F▇▇▇▇▇ M▇▇ or F▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans F▇▇▇▇▇ Mae or F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1a), (2), (3b) and (4c) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 (Home Point Capital Inc.), Master Repurchase Agreement (AmeriHome, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Walter Investment Management Corp)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an American Land Title Association lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions Buyer, ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Buyer, ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan, subject only to the exceptions contained in clauses (1a), (2), (3b) and (4c) of paragraph (je) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime originators of mortgage lending institutions loans similar to the Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making originators of mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loansa First Lien Loan) or second priority lien (with respect to a Second Lien Mortgage LoansLoan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and (43) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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. Trust 2007-He3), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making reverse mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)
Title Insurance. The Decision One Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Decision One 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Decision One Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, and in the case of adjustable rate Decision One 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 SellerDecision One, its 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 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 (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He5)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the applicable Agency and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Agency and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its Guarantor or their respective successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iii) of paragraph (jq) 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. Exhibit H. 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The SellerGuarantor, its 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 holder, servicer or subservicer of the related Mortgage, including the SellerSeller and Guarantor or their related Subsidiaries, 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 entityPerson, and no such unlawful items have been received, retained or realized by the Seller;Guarantor, Seller or their respective Subsidiaries.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successors 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 any 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 any Seller;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 that would be acceptable to a prudent subprime lender that makes mortgage lending institutions loans similar to the Mortgage Loans pursuant to the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to the Underwriting Guidelines and that would be acceptable to a prudent subprime lender making that makes mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 applicable Seller, its 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 any 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 any Seller;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He4), Pooling and Servicing Agreement (GSAMP Trust 2006-He5)
Title Insurance. The Mortgage Loan is covered by an Seller, at its own expense, shall procure and deliver to Purchaser within fifteen (15) days after execution hereof a title commitment on the Premises for a 2006 ALTA lender's owners title insurance policy, (with requirements set forth for extended coverage which requirements shall be satisfied by Seller before Closing), or a comparable form, from Chicago Title Insurance Company, or from such other title insurer to which ▇▇▇▇▇▇▇▇▇ agrees in writing (the “title insurer” or “escrow agent”) in the amount of Purchase Price, covering the date of this Contract. If Purchaser so request, Seller shall arrange for and procure as part of such required title insurance coverage (as a Purchaser’s title expense) a 3.1 zoning endorsement (with respect parking) and/or access endorsement and/or such other endorsements as may be reasonably so requested. Special endorsements requested by Purchaser shall be at Purchaser’s expense. Seller shall only be responsible for the title insurance premium and extended coverage. If the title commitment discloses any defects in title, Seller shall have thirty (30) days from the date of Purchaser’s notice of such defects to any Mortgage Loan for which make a good faith effort to cure such defects and to furnish a later date report showing defects cured or removed. If such defects cannot be cured within the related Mortgaged Property thirty (30) days, Purchaser may terminate this contract or may, at its election, take the title as it then is located in California with the right to deduct from the purchase price liens or encumbrances of a CLTA lender's definite or ascertainable amount upon giving to Seller notice of such election and tendering performance on its part. When title is transferred to Purchaser, Seller shall cause to be delivered to Purchaser an owner’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loanas, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 approved 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 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 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;matters.
Appears in 2 contracts
Sources: Real Estate Purchase Contract, Real Estate Purchase Contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer generally acceptable to a prudent subprime lender making mortgage loans similar to in the Mortgage Loans secondary market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 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 successors 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 Acoustic Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of 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 successors 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 either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (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), (2), (3b) and (4) of paragraph (j) of this Subsection 9.02c), 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 Repurchase 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 (Homebanc Corp), Master Repurchase Agreement (Homebanc Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOriginator, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iv) of paragraph (j) above and in the case of this Subsection 9.02second liens, the exception contained in clause (iii) of paragraph (j) above, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerOriginator, its successors 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 are pending under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including the SellerOriginator, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including 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;Originator; Fremont 2006-D Mortgage Loan Purchase Agreement A-5
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-D), Mortgage Loan Purchase Agreement (Fremont Home Loan Trust 2006-D)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1a), (2), (3b) and (4c) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 policySurveys and Environmental Assessments. Sellers will obtain, or with respect to any Mortgage Loan for which each parcel of Real Estate subject to the related Mortgaged Property is located in California Leases, a CLTA lenderleasehold owner's title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar reasonably satisfactory to the Mortgage Loans Buyer, in an amount equal to the fair market value of such Real Estate (including all improvements located thereon), insuring over the standard pre-printed exceptions and qualified insuring leasehold title to do business such Real Estate in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, Buyers as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, Closing subject only to the exceptions contained Permitted Real Estate Encumbrances, together with such endorsements for zoning, contiguity, public access and extended coverage as the Buyers or their lender reasonably requests, (ii) with respect to each parcel of Owned Real Estate, an owner's policy of title insurance by a title insurer reasonably satisfactory to the Buyer, in clauses an amount equal to the fair market value of such Real Estate (1including all improvements located thereon), (2)insuring over the standard pre-printed exceptions and insuring title to the Owned Real Estate to be vested in the Buyers as of the Closing free and clear of all liens and encumbrances except Permitted Real Estate Encumbrances, together with such endorsements for zoning, contiguity, public access and extended coverage as the Buyer or its lender reasonably requests, (3iii) a current survey of each parcel of Real Estate certified to the Buyer and its lender, prepared by a licensed surveyor and conforming to current ALTA Minimum Detail Requirements for Land Title Surveys, disclosing the location of all improvements, easements, party walls, sidewalks, roadways, utility lines, and other matters shown customarily on such surveys, and showing access affirmatively to public streets and roads (the "Surveys") which shall not disclose any survey defect or encroachment from or onto any of the Real Estate which has not been cured or insured over prior to the Closing; and (4iv) with respect to each parcel of paragraph (j) of this Subsection 9.02Real Estate, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity a current Phase I environmental site assessment from an environmental consultant or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment engineer reasonably satisfactory to the Mortgage Interest Rate Buyers which does not indicate that the Sellers and Monthly Payment. Where required by state law the Real Estate are not in compliance with any Environmental Law and which shall not disclose or regulation, the Mortgagor has been given the opportunity recommend any action with respect 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 any condition to be remediated or upon the Mortgaged Property investigated or any interest thereincontamination on the site assessed. The Buyers will pay the costs of these title policy does not contain any special exceptions (other than the standard exclusions) for zoning policies, Surveys 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 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 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;environmental assessments.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Cumulus Media Inc), Asset Purchase Agreement (Cumulus Media Inc)
Title Insurance. The Other than each Cooperative Loan and HELOC Mortgage Loan secured by a second lien, 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 with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the relevant Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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, 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 exception or to replace the standard survey exception with a specific survey reading. The relevant Seller, its 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 while the consummation of the transactions contemplated by Mortgage Loan is a Purchased Item subject to this Repurchase 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 any Seller, 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 any Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (American Home Mortgage Investment Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance ▇▇▇▇ tit▇▇ ▇▇▇▇rance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified ▇▇▇▇▇fied to do business in bus▇▇▇▇▇ ▇n the jurisdiction where the Mortgaged Property is located, insuring the SellerAccredited, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (3iii) and (4iv) of paragraph (j) representation 10 of this Subsection 9.02Schedule VI, 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 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerAccredited, its 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 on the consummation of the transactions contemplated by this AgreementClosing Date. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including the SellerAccredited, has done, by act or omission, anything which would impair the coverage of such lender's 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 SellerAccredited;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien First Lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, 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 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 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 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 (GSAMP Trust 2006-S6)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 1 contract
Sources: Pooling and Servicing Agreement (Natixis Real Estate Capital Trust 2007-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Exhibit B, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerCompany, its successors successor and assigns, are the sole insureds of such lender's title insurance policy, and to the Company's knowledge as of the Servicing Transfer Date, 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 Except as disclosed in writing by the Company to the Purchaser on or prior to the Servicing Transfer Date, 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, 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 either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) 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 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), (2), (3ii) and (4iii) of paragraph (jh) of this Subsection 9.02Schedule 1-B, 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 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Sellerapplicable 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 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 any Seller, has done, by act or omission, anything which would impair the coverage of or may invalidate any 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 Repurchase Agreement (Finance of America Companies 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 with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer i▇▇▇▇▇ b▇ ▇ tit▇▇ ▇▇▇▇rer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction juris▇▇▇▇▇▇n where the Mortgaged ▇▇▇ ▇▇▇tgaged Property is located, insuring the SellerBorrower, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and (4) of paragraph (j) of this Subsection 9.023), 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, 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 exception or to replace the standard survey exception with a specific survey reading. The SellerBorrower, its 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.
Appears in 1 contract
Sources: Master Loan and Security Agreement (New York Mortgage Trust Inc)
Title Insurance. The Mortgage Loan is covered At the Close of Escrow, and as a condition thereto, the Title Company shall issue (or be committed to issue) to Buyer a form 2006 ALTA extended coverage Owner’s Policy of Title Insurance in the form approved for issuance in the State of Washington (the “Title Policy”) with liability in the amount of the Purchase Price, showing title to the Property vested in Buyer subject only to the preprinted standard exceptions in such Title Policy and exceptions approved by Buyer as of the Effective Date, the Leases and non-delinquent real property taxes and special assessments, and any exceptions arising from Buyer’s actions (collectively, the “Permitted Exceptions”). Buyer hereby acknowledges and agrees that the form of the Title Policy attached hereto as Exhibit “F”, including, without limitation, all exceptions to title set forth therein, has been approved by Buyer in all respects as of the Effective Date. At Closing, Seller shall deliver to Title Company an owner’s affidavit in the form attached hereto as Exhibit “M”. Buyer hereby agrees that Buyer has obtained and delivered to the Title Company an ALTA lender's title insurance policysurvey of the Property in a form sufficient to permit the Title Company to issue the Title Policy. Buyer shall pay the additional premium for extended coverage in excess of a standard ALTA policy and any endorsements requested by Buyer. Notwithstanding anything to the contrary in this Section 3.3, (i) if Buyer shall have failed to provide to the Title Company on or prior to the Closing Date an ALTA survey for the Property acceptable to the Title Company for purposes of issuing the Title Policy in the form attached hereto as Exhibit “F”, then the Title Policy to be issued on the Close of Escrow shall include a general survey exception, and (ii) in no event shall Seller have any obligation whatsoever to expend any funds, to undertake any obligations or otherwise cure any exceptions to title, except 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the judgment liens against Seller, its successors and assigns, as delinquent taxes or mechanics’ liens relating to work performed at the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 which have been made under such lender's title insurance policy, authorized and no prior holder of the related Mortgage, including the contracted by 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: Purchase and Sale Agreement (Griffin Capital Net Lease REIT, Inc.)
Title Insurance. The Other than with respect to each Second Lien Mortgage Loan and HELOC, the Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the applicable Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller or the SellerTrust, as applicable, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The SellerSeller or the Trust, its successors and assignsas applicable, are 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 or servicer of the related Mortgage, including the SellerSeller or the Trust, 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 Seller or the Seller;Trust. With respect to each Second Lien Mortgage Loan and HELOC, if a title insurance policy is required pursuant to the applicable Underwriting Guidelines, such title insurance policy conforms to the requirements set forth in such Underwriting Guidelines.
Appears in 1 contract
Sources: Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Exhibit B, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerCompany, its successors successor and assigns, are the sole insureds of such lender's title insurance policy, and to the Company's knowledge as of the Transfer Date, 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 Except as disclosed in writing by the Company to the Purchaser on or prior to the Transfer Date, 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, 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 Other than each Cooperative Mortgage Loan, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance in accordance with the Underwriting Guidelines, with respect to each Agency Mortgage loan, acceptable to prudent subprime mortgage lending institutions the applicable Agency, and with respect to FHA Loans, RHS Loans and VA Loans, the FHA, RHS or VA, as the case may be, and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar F▇▇▇▇▇ M▇▇ or F▇▇▇▇▇▇ Mac, as applicable, and with respect to FHA Loans, RHS Loans and VA Loans, the Mortgage Loans FHA, RHS or the VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 Repurchase 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 (Home Point Capital Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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 Servicing and Trust Agreement (GSAA Home Equity Trust 2006-9)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Exhibit B, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerCompany, its successors successor and assigns, are the sole insureds of such lender's title insurance policy, and to the Company's knowledge as of the Transfer Date, 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 Except as disclosed in writing by the Company to the Purchaser on or prior to the Transfer Date, 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, 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
Sources: Pooling and Servicing Agreement (Natixis Real Estate Capital Trust 2007-He2)
Title Insurance. The November Acoustic Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any November 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇i▇▇ wher▇ ▇▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien November Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the November Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit II, and in the case of adjustable rate November 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 successors 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 (GS Mortgage GSAMP Trust 2005-He1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Exhibit B, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerCompany, its successors successor and assigns, are the sole insureds of such lender's title insurance policy, and to the Company's knowledge as of the Servicing Transfer Date, 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 Except as disclosed in writing by the Company to the Purchaser on or prior to the Servicing Transfer Date, 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, 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
Sources: Pooling and Servicing Agreement (Natixis Real Estate Capital Trust 2007-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 4 of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 1 contract
Sources: Pooling and Servicing Agreement (GS Mortgage GSAMP 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 or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the applicable Agency, FHA, VA or HUD and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Agency, FHA, VA or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (jl) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rocket Companies, 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 with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions FNMA or FHLMC and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerBorrower, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and (43) of paragraph (jk) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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, 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 exception or to replace the standard survey exception with a specific survey reading. The SellerBorrower, its 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.
Appears in 1 contract
Sources: Master Loan and Security Agreement (New Century Financial Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (j) of this Subsection 9.02Schedule 3, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 Person LEGAL02/33574838v9 Sch. 3-5 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 ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien First Lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) 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, 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 1 contract
Sources: Master Repurchase Agreement (First NLC Financial Services Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policypolicy or, or with respect to any Mortgage Loan for which the related Mortgaged Property is Properties located in California California, a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or of insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 (A), (B), and (C), and with respect to each Second Lien Mortgage Loan clause (D) of Paragraph (10) of this Schedule I. 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are assigns 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 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 (New Century Financial Corp)
Title Insurance. The Mortgage Loan is covered by Seller, at Seller’s expense, shall promptly obtain a commitment for an Owner’s Title Insurance Policy insuring title to the Real Property comprising the Store premises, for an amount equal to the portion of the Purchase Price allocated to such Location pursuant to Schedule 3.02 hereunder and providing coverage which includes the standard exception waiver endorsement (ALTA lender's Owner’s Policy). Said title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's shall show merchantable fee title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where Seller in conformity with this Agreement, applicable Nebraska, Kansas or Oklahoma law, depending upon the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) location of the Mortgage property, and prevailing title standards in the original principal amount of the Mortgage Loanaforementioned states, subject only to Permitted Encumbrances, and other easements, covenants and restrictions of record which are acceptable to and are not objected to in writing by Purchaser’s examining attorney pursuant to Section 5.08(d) below. Notwithstanding the exceptions contained preceding sentence, with the exception of Store #268 in clauses C▇▇▇▇▇, Kansas and Store #110 in Omaha, Nebraska, Purchaser’s examining attorney will not object to Permitted Encumbrances nor to easements, covenants and restrictions of record that do not interfere with or impair the present and continued use of the Location currently used by Seller in the conduct of Seller’s business. With respect to Store #268 in C▇▇▇▇▇, Kansas and Store #110 in Omaha, Nebraska, Purchaser intends to demolish the existing buildings and improvements and construct new buildings and improvements. Purchaser may, therefore, object to any Permitted Encumbrances described in Section 5.01 subparagraph (1d), (2and to any easements, covenants and restrictions of record that would preclude Purchaser, in Purchaser’s sole discretion, from constructing new buildings and improvements anywhere on the Locations for Store # 268 and Store # 110. Except for the Leased Real Property and as otherwise set forth in Section 5.08(a), (3) Purchaser will not accept title to any material portion of the Real Estate in the form of a leasehold or other estate in property, except in accordance with the terms and (4) of paragraph (j) provisions of this Subsection 9.02, and in Agreement. The Seller shall promptly correct any title objections or deficiencies which Purchaser may make pursuant to the case foregoing provisions. Seller shall bear the cost of adjustable rate Mortgage Loans, against any loss by reason additional abstracting or examination fees due to any act or omission of the invalidity Seller prior to the Transfer Date, including transfers by operation of law. If the Seller is unable to produce marketable title in conformity with the foregoing prior to the Transfer Date, then, in addition to any other remedies available under applicable law, Purchaser shall have the option to declare this Agreement null and void with respect to the Location or unenforceability of Locations at issue and the lien resulting from Purchase Price shall be adjusted in conformity with the Purchase Price allocated to the Locations as set forth in Schedule 3.02(a) as finally adjusted by the Independent Appraisers final report in accordance with the provisions of Section 3.02. Any closing costs charged by 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 applicable 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 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 company will be in force divided equally between the Purchaser 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: Asset Purchase Agreement (Caseys General Stores Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's American Land Title Association buyer’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California, a California a CLTA lender's Land Title Association buyer’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the a Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (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), (2), (3b) and (4c) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 buyer’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The 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 exception or to replace the standard survey exception with a specific survey reading. The A Seller, its successors and assigns, are the sole insureds of such lender's buyer’s title insurance policy, and such lender's buyer’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions Transactions contemplated by this Repurchase Agreement. No claims have been made under such lender's buyer’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the any Seller, has done, by act or omission, anything which would impair the coverage of such lender's buyer’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 any Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Title Insurance. The Mortgage Other than with respect to a Cooperative Loan, the 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 with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the applicable Agency, FHA, VA, RHS or HUD and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Agency, FHA, VA, RHS or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (jl) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The Mortgage Except with respect to Landscape Loans originated in connection with a refinancing, the Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (including, to the extent a 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), (3) and (4) of paragraph (j) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentPayment and Negative Amortization. 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy su▇▇ ▇▇▇l▇ ▇nsur▇▇▇▇ ▇▇licy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to qualifi▇▇ ▇▇ do business in busin▇▇▇ ▇▇ the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) [or second priority lien (with respect to Second Lien Mortgage Loans) )] of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) [and (4) )] of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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
Title Insurance. The October Acoustic Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any October 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien October Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the October Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of adjustable rate October 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 successors 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 (GS Mortgage GSAMP Trust 2005-He1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) lien, as applicable, of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02, Schedule 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerResponsible Party, its successors 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 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 1 contract
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Administrative Agent and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) and and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (j) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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;. - SIGNATURE CONFIDENTIAL -Content is not to be distributed or shared outside of participating parties.Schedule 1-4
Appears in 1 contract
Sources: Master Repurchase Agreement (Korth Direct Mortgage Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage First Lien Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (42) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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
Title Insurance. The Mortgage Loan is covered by an ALTA lender's American Land Title Association buyer’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California, a California a CLTA lender's Land Title Association buyer’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (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), (2), (3b) and (4c) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 buyer’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insureds of such lender's buyer’s title insurance policy, and such lender's buyer’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions Transactions contemplated by this Agreement. No claims have been made under such lender's buyer’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender's buyer’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 Financial Services, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the FHA, VA, Rural Housing Service, ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans FHA, VA, Rural Housing Service, ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) 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 Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 (Caliber Home Loans, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iii) of paragraph (j) representation 10 of this Subsection 9.02Schedule III, 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 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerResponsible Party, its 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 are pending 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 (Gs Mortgage Securities Corp Mort Pass THR Cert Ser 2003-Fm1)
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 with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions FNMA or FHLMC and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Sellereach Borrower, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and (43) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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, 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 exception or to replace the standard survey exception with a specific survey reading. The SellerEach Borrower, its 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 Sellereach Borrower, 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;either Borrower.
Appears in 1 contract
Sources: Master Loan and Security Agreement (American Business Financial Services Inc /De/)
Title Insurance. The Except with respect to any HomeSafe Second, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions in accordance with the Approved Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to in accordance with the Mortgage Loans Approved Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOriginator, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (jl) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the the
Sch. 1- A-6!Unexpected End of Formula USActive 59174144.11 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerOriginator, 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 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 Person or entity, and no such unlawful items have been received, retained or realized by the Seller;Originator.
Appears in 1 contract
Sources: Master Repurchase Agreement (Finance of America Companies Inc.)
Title Insurance. The Other than HELOCs where the Underwriting Guidelines provide for origination without title insurance, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan other than a HELOC, or the original Credit Limit, with respect to a HELOC (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) and and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The applicable Seller, its successors and assigns, are 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 or servicer of the related Mortgage, including the SellerSellers, has have done, by act or omission, anything which would impair the coverage of such lender's ’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;Sellers.
Appears in 1 contract
Sources: Master Repurchase Agreement (New Century Financial Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance s▇▇▇ titl▇ ▇▇▇▇▇ance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified ▇▇▇▇▇▇ied to do business in busi▇▇▇▇ ▇▇ the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3i) and (4ii) 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 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 SellerResponsible Party, its successors 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 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 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Mort Pass THR Certs Ser 2003-He3)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) lien, as applicable of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (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), (3) iii), and (4iv) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 Repurchase 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
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOriginator, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iv) of paragraph (j) above and in the case of this Subsection 9.02second liens, the exception contained in clause (iii) of paragraph (j) above, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerOriginator, its successors 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 SellerOriginator, 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 Fremont 2005-A Mortgage Loan Purchase Agreement be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;
Appears in 1 contract
Sources: Mortgage Loan Purchase Agreement (Fremont Mortgage Securities Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance ▇▇▇▇ ▇i▇▇▇ ins▇▇▇▇▇▇ policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to quali▇▇▇▇ ▇o do business in bus▇▇▇▇▇ ▇n the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.028.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's Seller shall, at least forty-five (45) days prior to the Closing Date, deliver to Buyer the commitment(s) of a title insurance policy, or with respect company reasonably satisfactory to any Mortgage Loan for which Buyer (the related Mortgaged Property is located in California a CLTA lender"Title Company") agreeing to issue to Buyer ALTA lessee's extended coverage title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions policies and each such ALTA owner's extended coverage title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business policies insuring Buyer's interests in the jurisdiction where the Mortgaged Property is locatedReal Property, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, each case subject only to the exceptions contained in clauses (1)i) standard printed exceptions, (2)ii) inchoate liens for current taxes and assessments not yet delinquent, (3iii) standard utility and roadway easements, covenants and restrictions, whether or not of record, that do not individually or in the aggregate materially detract from the value of, or impair the use of the Real Property affected thereby, (iv) existing zoning or similar laws or ordinances that do not interfere with the operation of the CATV Systems, (v) Security Interests specifically assumed by Buyer pursuant to Section 4.1, (vi) survey exceptions that do not individually or in the aggregate materially detract from the value of, or impair the use of, the Real Property affected thereby, and (4vii) of paragraph standard mineral or water rights exceptions (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 regulationcollectively, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage "Permitted Exceptions"). If a preliminary 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 (binder indicates an exception 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 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 Seller, has done, by act or omission, anything which Permitted Exception that would impair the coverage marketability or use of the Real Property in any material respect, Seller shall, at its expense, cause such lenderexception to be removed on or before the Closing Date. At Closing Seller shall deliver to Buyer an affidavit or indemnification agreement that shall be sufficient to cause the Title Company to affirmatively insure against the existence of outstanding rights that could form the basis for mechanic's, materialmen's or similar liens, unrecorded documents, claims of parties in possession, and judgments, bankruptcies or other charges against any persons whose names are the same as or similar to Seller's name. Buyer shall be responsible for the payment of (i) all surveys and other documents required by the Title Company to issue such policies, and (ii) all title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will premiums. Buyer and Seller shall mutually establish reasonable values for the properties to be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;insured.
Appears in 1 contract
Sources: Asset Purchase Agreement (Northland Cable Properties Six LTD Partnership)
Title Insurance. The Acoustic Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) of paragraph (j) of this Subsection 9.02Exhibit I, and in the case of 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 successors 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 (GSAMP Trust 2005-He6)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇ion where the Mortgaged ▇▇▇ ▇ortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (3) and (4iii) of paragraph (j) representation 10 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 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 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 SellerResponsible Party, its 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 on the consummation of the transactions contemplated by this AgreementClosing Date. 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 (GSAA Home Equity Trust 2005-2)
Title Insurance. The Mortgage Loan is covered by Company shall have obtained, at its sole --------------- cost and expense, a commitment for an ALTA lenderOwner's title insurance policyor Leasehold Policy of Title Insurance Form B-1970 (as the case may be), or with respect to any Mortgage Loan for which each parcel of Real Property (the related Mortgaged Property is located in California a CLTA lender's title insurance policy"Title Commitments"), or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar satisfactory to the Mortgage Loans Buyer ----------------- and qualified the Buyer's lender (the "Title Insurer"), in such amount as the Buyer ------------- determines to do business in be the jurisdiction where the Mortgaged Property is locatedfair market value (including all Improvements thereon), insuring the Seller, its successors and assigns, Company's interest in such parcel as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanClosing Date, subject only to the Permitted Encumbrances. The Company shall deliver at the time of delivery of the Title Commitments, copies of all documents of record referred to therein. The Company will provide the Buyer with title insurance policies ("Title Policies") on or before the Closing, from the Title Insurer based upon -------------- the Title Commitments. Each such Title Policy will be dated as of the Closing Date and (a) insure title to the applicable parcels of Real Property and all recorded easements benefitting such parcels, subject only to Permitted Encumbrances, (b) contain an "extended coverage endorsement" insuring over the general exceptions contained customarily in clauses such policies, (1c) contain a CLTA 123.2 Endorsement, with parking (or equivalent), (2)d) contain an endorsement insuring that the parcel described in such Title Policy is the parcel shown on the Survey delivered with respect to such parcel and that the Survey is an accurate survey thereof, (3e) contain an endorsement insuring that there is direct and unencumbered pedestrian and vehicular access to a street from such parcel, (4f) if the real estate covered by such policy consists of paragraph more than one record parcel, contain a "contiguity" endorsement insuring that all of the record parcels are contiguous to one another, (g) contain a non-imputation endorsement insuring that coverage under the Title Policies will not be denied on the basis of knowledge imputed to the Company based on the knowledge of any shareholders, directors, officers or employees prior to the Closing Date, (h) contain a tax number endorsement, (i) contain an endorsement insuring any option to purchase such Real Property under the Lease and (j) of this Subsection 9.02, contain such other endorsements as the Buyer 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 lenderBuyer'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 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 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;lender may reasonably request.
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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 (GSAMP Trust 2007-He1)
Title Insurance. The Underlying Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the applicable Agency and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Agency and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerAsset Subsidiary, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second junior priority lien (with respect to Second Lien Mortgage Loanslien, if applicable) of the Mortgage Mortgage, as applicable, in the original principal amount (or with respect to a home equity line of credit, the original credit limit) of the Underlying Mortgage Loan, with respect to an Underlying 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), (2), (3ii) and (4iii) of paragraph (jh) of this Subsection 9.02Schedule 1-B, and in the case of adjustable rate Underlying 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 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Sellerapplicable 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 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 SellerGuarantor, has done, by act or omission, anything which would or may invalidate any such policy, 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;Guarantor.
Appears in 1 contract
Sources: Master Repurchase Agreement (Mr. Cooper Group Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's Prior to Closing, Seller shall obtain, at Buyer’s expense, including, without limitation, the expense of any and all title insurance policypremiums and the expense of incurred for the mere issuance of discretionary endorsements (except that Seller shall bear the expense of any search fees incurred in connection with obtaining the title commitments), or with respect to any Mortgage Loan (i) for which the related Mortgaged Property is located in California Newburgh Branch Premises, a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is commitment issued by a title insurer acceptable company or qualified law firm as determined by Buyer (a "Title Company"), naming Buyer as the proposed insured, wherein Title Company shall agree to issue or obtain an ALTA form of owner’s insurance policy of title insurance, and (ii) for the L▇▇▇▇ Road Branch leasehold interest, a prudent subprime lender making mortgage loans similar title commitment issued by the Title Company naming Buyer as the proposed insured, wherein Title Company shall agree to the Mortgage Loans and qualified issue or obtain an ALTA form of leasehold policy of title insurance (each such commitment, a "Title Commitment"). Each Title Commitment shall include Title Company’s requirements to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (issue a title policy with respect to first lien Mortgage Loans) the Premises of each Branch, which requirements shall be satisfied by Seller on or second priority lien (with respect before the Closing Date. Buyer shall also be entitled to Second Lien Mortgage Loans) order an ALTA survey at Buyer's expense for the Premises at each Branch location. If any of the Mortgage in the original principal amount following shall occur (collectively, a "Title Objection"): (i) any Title Commitment or other evidence of title or search of the Mortgage Loan, subject only appropriate real estate records discloses that any party other than Seller or one of its Affiliates has title to the exceptions contained in clauses insured estate covered by the Title Commitment; or (1), (2), (3ii) and (4) 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 title policy does not contain any special exceptions exception (other than a Permitted Lien) disclosed in Schedule B to any Title Commitment or any survey that discloses any matter that materially and adversely affects Buyer’s use of the standard exclusionsPremises for the purpose of operating the relevant Branch (including without limitation rights of adequate access and parking), then, in each such case, Seller shall use commercially reasonable efforts to cure each such Title Objection and take all commercially reasonable steps required by Title Company to eliminate each such Title Objection as an exception to the applicable Title Commitment. Any Title Objection that Title Company is willing to insure over on terms reasonably acceptable to Buyer is herein referred to as an "Insured Exception." The incremental increase in the cost of the premiums as a result of any Insured Exceptions (other than any Insured Exceptions resulting from Buyer’s failure to obtain a survey of the Premises) relative to what Title Company would otherwise charge 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 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 shall be in force and effect upon the consummation of the transactions contemplated borne 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: Branch Purchase Agreement (German American Bancorp, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1a), (2), (3b) and (4c) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 Agreement. No claims have been made under such lender's ’s title insurance policypolicy and, and to the best of Seller’s knowledge, no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including 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 by, to the best of Seller’s knowledge, 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 (Caliber Home Loans, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title Fannie Mae or Freddie Mac ▇▇▇ ▇▇c▇ ▇uch ▇▇▇▇▇ insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business Fannie Mae or Freddie Mac ▇▇▇ ▇▇alified ▇▇ ▇▇ ▇usiness in the jurisdiction where the Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (3) and (4iii) of paragraph (j) representation 10 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 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 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 SellerResponsible Party, its 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 on the consummation of the transactions contemplated by this AgreementClosing Date. 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 (Gs Mortgage Securities Corp. Gsaa Home Equity Trust 2004-9)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's American Land Title Association buyer’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California, a California a CLTA lender's Land Title Association buyer’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the a Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (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), (2), (3b) and (4c) of paragraph (ji) of this Subsection 9.02Schedule 1-A, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 buyer’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The 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 exception or to replace the standard survey exception with a specific survey reading. The A Seller, its successors and assigns, are the sole insureds of such lender's buyer’s title insurance policy, and such lender's buyer’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions Transactions contemplated by this Agreement. No claims have been made under such lender's buyer’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the any Seller, has done, by act or omission, anything which would impair the coverage of such lender's buyer’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 any Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (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), (2), (3b) and (4) of paragraph (j) of this Subsection 9.02c), 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) lien, as applicable, of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and with respect to each Second Lien Mortgage Loan clause (4) of paragraph (j) of this Subsection 9.02, 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors 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 1 contract
Sources: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-He1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iii) of paragraph (jm) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 Agreement. No Other than with respect to a Scratch and Dent Mortgage Loan, 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 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 Other than with respect to a Cooperative Loan, the 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 or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) 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 ’s title insurance policy, or other generally acceptable form of policy policy, wrapper or insurance acceptable to prudent subprime mortgage lending institutions the applicable Agency, FHA, VA, RHS or HUD or (iii) with respect to Second Lien Loans, a property report that includes a title insurance wrapper, and each such title insurance policy or title insurance wrapper is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Agency, FHA, VA, RHS or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) lien, as applicable, of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (3iii) and (4iv) of paragraph (ji) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The Mortgage Loan At the Closing, and as a condition thereto, the Title Company shall issue to Purchaser a TLTA Owner’s Policy of Title Insurance (the “Title Policy”) with liability in the amount of the Purchase Price, showing title to the Real Properties vested in the Purchaser, with such endorsements as Purchaser shall request and Title Company shall have agreed to issue same, subject only to: (i) the pre-printed standard exceptions in such Title Policy that are not customarily deleted at closings following the Title Company’s receipt of all Schedule C requirements contained in the PTRs, (ii) exceptions approved or deemed approved by Purchaser pursuant to Section 6.2 above, (iii) the Tenant Leases, (iv) any taxes and assessments for any year that are not yet due and payable as of the Closing, (v) [intentionally deleted], (vi) a specific, itemized list of adverse matters shown on the Updated Survey, or any updates thereto, that are approved or deemed approved by Purchaser pursuant to Section 6.2 above or shown on the PTRs, (vii) any 22 matters which are affirmatively insured over on terms acceptable to Purchaser in its sole and absolute discretion, and (viii) any exceptions arising from Purchaser’s actions (collectively, the “Permitted Exceptions”). In the event Purchaser elects not to pay for any additional premium for the survey modification or any other endorsements, then the Title Policy to be issued as of the Closing shall be a standard TLTA Owner’s Policy of Title Insurance which shall include, among other things, a general survey exception. It is covered by an ALTA lender's understood that Purchaser may request a number of endorsements to the Title Policy, but the issuance of any such endorsements shall not be a condition to Closing. If (i) the Title Company (A) is unable or unwilling to consummate Closing or to otherwise delete or revise any title exception, issue any endorsement or commit to any specific coverage or affirmative title insurance policy, or requested by Purchaser with respect to the Title Policy or any Mortgage Loan for which title policy requested by Purchaser’s lender (such requested insurance, the related Mortgaged Property is located in California a CLTA lender's title insurance policy“Requested Insurance”), or (B) requires that Purchaser, Seller, Purchaser’s lender or any other generally acceptable third party provide any affidavits, indemnities, agreements, due diligence or other documentation in order for the Title Company to consummate Closing or to otherwise provide the Requested Insurance, (ii) Purchaser provides written evidence (which may be via electronic mail) to Sellers of such inability or unwillingness of, or requirements by, the Title Company to provide the Requested Insurance, and (iii) Purchaser provides written evidence to Sellers that Fidelity National Title Insurance Company (“Fidelity”) has committed to consummate Closing or to otherwise provide the Requested Insurance without requiring the satisfaction of any requirements of Title Company being contested by Purchaser, Purchaser shall have the right (the “Title Company Option”) to transfer responsibility as the Title Company hereunder to Fidelity by written notice to Seller. If Purchaser properly exercises the Title Company Option, (w) Title Company, Seller and Purchaser shall cause the ▇▇▇▇▇▇▇ Money Deposit to be transferred to Fidelity, (x) Fidelity shall execute a revised Title Company Joinder page to this Agreement upon receipt of the ▇▇▇▇▇▇▇ Money Deposit, (y) the Closing Extension Conditions shall be modified to remove the condition precedent described in Section 10.8(b), and (z) Seller shall not be required to modify the form of policy or insurance acceptable Owner Affidavit attached hereto as Exhibit K except to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to change the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) name of the Mortgage in the original principal amount of the Mortgage Loan, subject only Title Company to the exceptions contained in clauses (1), (2), (3) and (4) 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 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 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 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;Fidelity.
Appears in 1 contract
Sources: Sale and Purchase Agreement (Preferred Apartment Communities Inc)
Title Insurance. (i) Not less than ten days prior to the Closing, the Buyer may obtain a preliminary title report for an owner’s or lessee’s policy of title insurance for the Real Property, from a title insurance company selected by Buyer (the “Title Company”), along with copies of all documents and instruments reflecting items noted as exceptions to title (the “Preliminary Report”). The Mortgage Loan is covered Preliminary Report will be in sufficient detail to provide the basis for the issuance of the Policy (as defined below).
(ii) Not less than ten days prior to the Closing, the Buyer may obtain an ALTA Survey of the Real Property in form sufficient to enable the Title Company to delete from the Policy (as defined below) the so-called standard exception for matters disclosed by an ALTA lender's accurate survey (the “Survey”).
(iii) Within five days after Buyer receives the Preliminary Report and the Survey, Buyer will indicate which exceptions, encumbrances, encroachments, overlaps, protrusions, boundary line disputes or other matters shown in the Preliminary Report and the Survey (collectively “Defects”) may remain on the title insurance policy(the “Permitted Exceptions”). The Company and the Principals will cure or remove or cause the Title Company to provide affirmative coverage, or in form and substance acceptable to Buyer, with respect to any Mortgage Loan for which all Defects that are not Permitted Exceptions.
(iv) Prior to the related Mortgaged Closing, the Company and the Principals will either deliver to Buyer an ALTA Extended Owner’s Form B Policy of Title Insurance or its equivalent from the Title Company (the “Policy”) or a binding undertaking from the Title Company to issue such policy, insuring that fee simple (or leasehold, as appropriate) title to the Real Property is located vested in California a CLTA lender's title insurance policy, Buyer (or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business its nominee) in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal full amount of the Mortgage Loan, subject only Purchase Price allocated to the exceptions contained in clauses (1), (2), (3) and (4) 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 thereinReal Property. The title policy does not Policy will contain any special no exceptions (other than the Permitted Exceptions (including any so-called “standard exclusionsexceptions”) for and will insure fee simple title to the Real Property in Buyer (or its nominee) with such affirmative endorsements as may be requested by Buyer, including, but not limited to, zoning (Form 3.1), survey, access and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey readingcontiguity. The Seller, its successors and assigns, are cost of 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 premium charged by the Title Company will be in force and effect upon at the consummation of cost to 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;Buyer.
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 or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions the applicable Agency, FHA, VA or HUD and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans applicable Agency, FHA, VA or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), (3) and (43) of paragraph (jl) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 LEGAL02/41072931v2 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 (Rocket Companies, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOriginator, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), (3ii) and (4iv) of paragraph (j) above and in the case of this Subsection 9.02second liens, the exception contained in clause (iii) of paragraph (j) above, 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 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 exception or to replace the standard survey exception with a specific survey reading. The SellerOriginator, its successors 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 are pending under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including the SellerOriginator, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including 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;Originator; Fremont 2006-B Mortgage Loan Purchase Agreement A-5
Appears in 1 contract
Sources: Mortgage Loan Purchase Agreement (Fremont Home Loan Trust 2006-B)
Title Insurance. The Mortgage Except with respect to Landscape Loans originated in connection with a refinancing, the Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (including, to the extent a 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), (3) and (4) of paragraph (j) of this Subsection 9.02Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentPayment and Negative Amortization. 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 exceptions exception or to replace the standard survey exception with a specific survey reading. The Seller, 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 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 Seller. (q) No Defaults. There is no default, breach, violation or event of acceleration existing under the Seller;Mortgage or the Note and no event has occurred which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration, and neither Seller nor its predecessors have waived any default, breach, violation or event of acceleration. Schedule 1-A-5 (r) No Mechanics’ Liens. At origination, there were no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under the law could give rise to such liens) affecting the Mortgaged Property which are or may be liens prior to, or equal or coordinate with the lien of the Mortgage. (s) Location of Improvements; No Encroachments. All improvements which were considered in determining the Appraised Value of the Mortgaged Property lie wholly within the boundaries and building restriction lines of the Mortgaged Property, and no improvements on adjoining properties encroach upon the Mortgaged Property. No improvement located on or being part of the Mortgaged Property is in violation of any applicable zoning and building law, ordinance or regulation. (t)
Appears in 1 contract
Sources: Master Repurchase Agreement
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lenderattorney's opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA lenderor (ii) an ALTA Lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to prudent subprime mortgage lending institutions FNMA or FHLMC and each such title insurance policy is issued by a title insurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerBorrower, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (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), (3) and and, with respect to each Mortgage Loan which is indicated by the Borrower to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Data Transmission) clause (4) of paragraph (j) of this Subsection 9.02Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 lenderLender'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 exceptions exception or to replace the standard survey exception with a specific survey reading. The SellerBorrower, its successors and assigns, are the sole insureds of such lenderLender's title insurance policy, and such lenderLender'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 lenderLender'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 lenderLender'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.
Appears in 1 contract
Sources: Master Loan and Security Agreement (Aames Financial Corp/De)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance 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 prudent subprime mortgage lending institutions Fannie Mae or Freddie Mac and each such title insurance policy is issued by i▇ ▇▇▇▇e▇ ▇y a title insurer ▇▇▇▇▇ ▇nsurer acceptable to a prudent subprime lender making mortgage loans similar to the Mortgage Loans Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction ju▇▇▇▇▇▇tion where the ▇▇▇ Mortgaged Property is located, insuring the SellerResponsible Party, its successors and assigns, as to the first priority lien (with respect to first lien First Lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (3iii) and (4iv) of paragraph (j) representation 10 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 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 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 SellerResponsible Party, its 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 (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)