Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 4 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or the second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Nc2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 of the Mortgage with respect to First Lien Mortgage Loans and second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to the extent a Negative Amortization Mortgage Note provides for negative amortizationLoans, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of paragraph (j) of this Section 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Seller is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 4 contracts
Sources: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (LXS 2007-3)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by Seller has received an ALTA American Land Title Association (ALTA) lender’s title insurance policy or other generally acceptable a comparable form of lender’s title insurance policy (or insurance acceptable under escrow instructions binding on the Underwriting Guidelines Title Insurer (as defined below) and each irrevocably obligating the Title Insurer to issue such title insurance policy is or a title policy commitment or pro-forma “marked up” at the closing of the related Mortgage Loan and countersigned or otherwise approved by the Title Insurer or its authorized agent) as adopted in the applicable jurisdiction (the “Title Insurance Policy”), which was issued by a title insurer acceptable under insurance company (the Underwriting Guidelines and “Title Insurer”), which was at the time of such origination, to the Seller’s knowledge, qualified to do business in the jurisdiction where the applicable Mortgaged Property is located, covering the portion of each Mortgaged Property comprised of real estate and insuring that the Seller, its successors and assigns, as to the related Mortgage is a valid first priority lien of the Mortgage in the original principal amount of the related Mortgage Loan on the related Mortgagor’s fee simple interest (or to the extent a Mortgage Note provides for negative amortizationor, the maximum amount if applicable, leasehold interest) in such Mortgaged Property comprised of negative amortization in accordance with the Mortgage)real estate, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentPermitted Encumbrances. Where required by state law or regulation, the Mortgagor has No material claims have been given the opportunity to choose the carrier of the required mortgage title insurancemade under such Title Insurance Policy. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy Such Title Insurance Policy is valid and remains in full force and effect and all premiums thereon have been paid, and is assignable to (and will be in force and effect upon inure to the consummation benefit of) the Trustee on behalf of the transactions contemplated by this AgreementCertificateholders. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, Mortgage has done, by act or omission, anything which that would materially impair the coverage under such Title Insurance Policy. Such Title Insurance Policy either (i) contains no exception regarding the encroachment upon any material easements of any material permanent improvements located at the Mortgaged Property for which the grantee of such lender’s title easement has the ability to force removal of such improvement, or (ii) affirmatively insures (unless the related Mortgaged Property is located in a jurisdiction where such affirmative insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or is not available) against impairment of value caused by forced removal of any kind has been or will be received, retained or realized by material permanent improvements on the related Mortgaged Property that encroach upon any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;material easements.
Appears in 4 contracts
Sources: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2011-C3)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to F▇▇▇▇▇ M▇▇ or F▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to F▇▇▇▇▇ Mae or F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Company is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-4), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇ion where the Mortgaged ▇ortgaged Property is located, insuring the SellerNC Capital, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iiiii) of paragraph (j) of this Subsection 9.01Section 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNC Capital, 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 SellerNC Capital;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable equivalent form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by i▇ ▇▇▇▇e▇ ▇y a title insurer ▇▇▇▇▇ ▇nsurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the ju▇▇▇▇▇▇tion whe▇▇ ▇▇▇ Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA or CLTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to 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 of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii) and (iiiii) of paragraph (j) representation 10 of this Subsection 9.01Schedule VII, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.017.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.017.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to 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 (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iiiii) of paragraph (j) of this Subsection 9.01Section 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1), Master Servicing and Trust Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Title Insurance. With Except with respect to a any (1) Mortgage Loan which is not secured by a Co-op Loan, Mortgaged Property located in the State of Iowa and an attorney’s certificate and/or a certificate of title guaranty has been obtained and (2) Mortgage Loan is covered secured by an ALTA lender’s Cooperative Shares, a valid and enforceable title insurance policy has been issued or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each a commitment to issue such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of has been obtained for the Mortgage Loan in an amount not less than the original principal amount of such Mortgage Loan, which title insurance policy insures that the Mortgage Loan (or to relating thereto is a valid first lien on the extent a Mortgage Note provides for negative amortization, property therein described and that the maximum amount mortgaged property is free and clear of negative amortization in accordance with all encumbrances and liens having priority over the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the first lien resulting from the provisions of the Mortgage providing for adjustment to and otherwise in compliance with the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier requirements of the required mortgage title insuranceapplicable Takeout Investor. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of such lender’s title insurance policy. The SellerGuarantor, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and the assignment to the Buyer of the Guarantor’s interest in such lender’s title insurance policy does not require any consent of or notification to the Insurer which has not been obtained or made, such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect and inure to the benefit of the Buyer upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder none of the related Mortgageoriginator, including the Seller, Guarantor, any prior owner of such Mortgage Loan, or any their respective Affiliates or assigns, any servicer or any other Person has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation. In connection with the issuance of such lender’s title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be provided, received, retained or realized by any originator, the Seller, Guarantor, any prior owner of such Mortgage Loan, or any their respective Affiliates or assigns, any servicer or any other Person (including, but not limited to any attorney, firm or other person entity) or entity, and no such unlawful items have been received, retained any of their affiliates or realized by the Seller;assigns.
Appears in 3 contracts
Sources: Master Repurchase Agreement (Radian Group Inc), Master Repurchase Agreement (Radian Group Inc), Master Repurchase Agreement (Radian Group Inc)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc8), Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2004-Nc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an irrevocable title commitment, or an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (ia), (b) and (iic) of paragraph (ji) of this Subsection 9.01Schedule 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 title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other 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. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an irrevocable title commitment, or an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Buyer and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Buyer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentPermitted Encumbrances. Where required by state 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 (or commitment pending receipt of final policy) affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy (or commitment pending receipt of final policy) does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which that 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;.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Rithm Perpetual Life Residential Trust), Master Repurchase Agreement and Securities Contract (Korth Direct Mortgage Inc.)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jur▇▇▇▇▇▇ion whe▇▇ the Mortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.01Schedule, 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 SellerDecision One, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, 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 SellerDecision One;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.017.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.017.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an ALTA attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or other generally comparable policy acceptable form of policy or insurance acceptable under to Fann▇▇ ▇▇▇ ▇▇ Fred▇▇▇ ▇▇▇ and approved for use in the Underwriting Guidelines applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable under in the Underwriting Guidelines industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien Lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) 1), (2), and (ii3) below of paragraph (jl) of this Subsection 9.01Part I of Schedule 1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate mortgage interest rate and Monthly Paymentmonthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other 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: Securities Transfer Agreement (loanDepot, Inc.), Securities Transfer Agreement (loanDepot, Inc.)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to FNMA and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to FNMA and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.018.2, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability unenforce-ability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (First Nationwide Preferred Capital Corp), Mortgage Loan Purchase and Warranties Agreement (California Federal Preferred Capital Corpation)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇ion where the Mortgaged ▇▇▇ ▇ortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.01Schedule, 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 SellerDecision One, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, 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 SellerDecision One;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇ch s▇▇▇ ▇▇▇le insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction busines▇ ▇▇ ▇he juris▇▇▇▇▇▇▇ where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc6), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2004-Nc3)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First-Lien Mortgage Loan) or second priority lien (with respect to a Second-Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 of the Mortgage with respect to First Lien Mortgage Loans and as to the second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or with respect to the extent a Negative Amortization Mortgage Note provides for negative amortizationLoans, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2), (3) and (ii4) of paragraph (j) of this Subsection 9.01Section 7, and in the case of Adjustable Rate with respect to each ARM Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Seller is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Loan) or second Section 7 with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.01Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerAames, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA or, if approved in writing by Purchaser, a CLTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines policy, and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, mortgagee as to the first appropriate priority of the lien of the Mortgage in the original principal amount of the Mortgage Loan, plus the outstanding principal balance of any senior mortgage loan in the case of a subordinate lien Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii) and (iiiv) of paragraph (jh) of this Subsection 9.01Section 7.02, and and, in the case of Adjustable Rate an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the related Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such Such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreementeffect. No claims have been made under such lender’s 's title insurance policy, and no neither Seller, nor to Seller's knowledge, any prior holder of the related Mortgage, including the Seller, Mortgage has done, by act or of omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no the payment, retention or realization of any unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been by or will be received, retained or realized by to any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 2 contracts
Sources: Master Servicing Agreement (American Residential Eagle Bond Trust 1992-2), Master Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan Each related Mortgaged Property is covered by an ALTA (or its equivalent) lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a nationally recognized title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the insurance company, insuring that each related Mortgage is a valid first lien on such Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the such Mortgage Loan (or to or, if such Mortgage Loan is part of a Loan Combination, in the extent a Mortgage Note provides for negative amortization, the maximum original principal amount of negative amortization in accordance with the Mortgage)such Loan Combination) after all advances of principal, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Permitted Encumbrances and, and in the case of Adjustable Rate a Lehman Trust Mortgage LoansLoan that is part of a Loan Combination, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment ▇▇▇▇her subject to the fact that the related Mortgage Interest Rate and Monthly Payment. Where required by state law or regulationalso secures the related Non-Trust Mortgage Loan(s) (or, the Mortgagor if such policy has not yet been given the opportunity to choose the carrier of the required mortgage title insurance. Additionallyissued, such lender’s insurance may be evidenced by a binding commitment or binding pro forma marked as binding and signed (either thereon or on a related escrow letter attached thereto) by the title insurer or its authorized agent) from a title insurer qualified and/or licensed in the applicable jurisdiction, as required, to issue such policy; such title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect effect, all premiums have been paid, is freely assignable and will be in force and effect upon inure to the consummation benefit of the transactions contemplated by this Agreement. No Trustee as sole insured as mortgagee of record, or any such commitment or binding pro forma is a legal, valid and binding obligation of such insurer; no claims have been made under such lender’s title insurance policyby the Depositor, and no the applicable Lehman Mortgage Loan Seller or any prior holder of such Mortg▇▇▇ ▇▇an (other than a prior holder unaffiliated with the related MortgageDepositor or the applicable Lehman Mortgage Loan Seller from whom the Depositor or the ap▇▇▇▇▇▇le Lehman Mortgage Loan Seller has taken by assignment) under su▇▇ ▇▇▇le insurance; and neither the Depositor nor the applicable Lehman Mortgage Loan Seller (or any of its Affiliates) has do▇▇, including the Seller, has done, by ▇▇ act or omission, anything which that would materially impair the coverage of any such lender’s title insurance policy; such policy or commitment or binding pro forma contains no exclusion for (or alternatively it insures over such exclusion, including without limitationunless such coverage is unavailable in the relevant jurisdiction) (A) access to a public road, (B) that there is no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized material encroachment by any attorney, firm improvements on the related Mortgaged Property either to or other person from any adjoining property or entityacross any easements on the related Mortgaged Property, and no such unlawful items have been received, retained or realized by (C) that the Seller;land shown on the survey materially conforms to the legal description of the related Mortgaged Property.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C4)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.01Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerAames, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and to ▇▇▇▇▇▇ 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 of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.017.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1)
Title Insurance. With (a) No later than thirty (30) days after the date of this Agreement, Sellers shall cause First American Title Insurance Company (the “Title Company”) to deliver to Buyer (to the extent Buyer has not already received), with respect to each parcel of Real Property, such title commitment plus a Mortgage Loan which is not a Co-op Loancopy of each of the underlying documents corresponding to the exceptions set forth in such commitment and in preparation for the Closing, pro forma title insurance policies, in the Mortgage Loan is covered by form and with the endorsements required under Section 5.10(b). On the Closing Date, Sellers shall cause the Title Company to deliver to Buyer an ALTA lenderOwner’s Policy of Extended Title Insurance (2006, except that for Sarasota, Florida, an ACTA 1992 form policy will be provided) (or other form of policy reasonably acceptable to Buyer) issued by the Title Company, in such amount as Buyer may reasonably determine to be the fair market value of the Real Property (including all Improvements located thereon), insuring title to the Real Property to be in Buyer or its designee as of the Closing, subject to such exceptions that are Permitted Liens.
(b) Each title insurance policy delivered under this Section 5.10 shall, as of the Closing Date, (i) insure Buyer’s or other generally acceptable form of policy its designee’s title to the Real Property and all recorded easements benefiting the same, (ii) contain an “extended coverage endorsement” insuring over the general or insurance acceptable under standard exceptions contained customarily in such policies, (iii) contain an endorsement insuring that the Underwriting Guidelines and each such Real Property described in the title insurance policy is issued the same real estate as shown on the survey delivered with respect to such Real Property, (iv) contain an endorsement for “restrictions, encroachments and minerals,” and (v) any other endorsements reasonably requested by a title insurer acceptable under the Underwriting Guidelines Buyer.
(c) Sellers 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 Buyer shall each pay fifty percent (50%) of the Mortgage in the original principal amount cost of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount Standard ALTA Owner’s Policy of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related MortgageTitle Insurance, including the Seller, has done, by act or omission, anything which would impair the any extended 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;all endorsements.
Appears in 1 contract
Sources: Asset Purchase Agreement
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy acceptable to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerCompany, its successors and assigns, assigns as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph Paragraph (jk) of this Subsection 9.01Section 3.02, and in the case of and, with respect to 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. Additionally, such lender's title insurance policy affirmatively insures legal access to the Mortgaged Property. Where required by state 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 thereinpolicy. The SellerCompany, its successor successors and assigns, assigns are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been To the Company's knowledge, no prior holder of the Mortgage has made any claim under such or, by act or omission, done anything that would impair the coverage of the lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, Company has not made any claims under such lender's title insurance policy or done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityentity as of the origination date of the Mortgage Loan or relating to the origination of the Mortgage Loan, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 1 contract
Sources: Flow Sale and Servicing Agreement (Asset Backed Funding Corp)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to Fannie Mae or Freddie Mac, issued by a title insurer acceptable under the Underwriting Guidelines to Fanni▇ ▇▇▇ o▇ ▇redd▇▇ ▇▇▇ and qualified to do business in the jurisdiction where jurisdicti▇▇ ▇▇▇re the Mortgaged M▇▇▇▇▇▇▇d Property is located, insuring the SellerCompany, its successors and assigns, as to the first priority lien of the Mortgage with respect to First Lien Mortgage Loans and as to the second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (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 (i1), (2), (3) and (ii4) of paragraph (j) the "Valid First or Second Lien" representation of this Subsection 9.01Section 4.02, and in the case of Adjustable Rate with respect to each ARM Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerCompany, its successor successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 1 contract
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule VII, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He5)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered either by (i) an ALTA lenderattorney’s opinion of title insurance policy or other generally and abstract of title, the form and substance of which is acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business prudent mortgage lending institutions making mortgage loans, in the jurisdiction area where the Mortgaged Property is located, insuring or (ii) a valid and enforceable title insurance policy or commitment to issue such title insurance policy, which title insurance policy insures (or will insure) that the Seller, its successors and assignsMortgage relating thereto is a valid LEGAL02/40464938v16 first lien or second lien, as to applicable, on the Mortgaged Property therein described and that such Mortgaged Property is free and clear of all encumbrances and liens having priority over the first priority lien of the Mortgage in (or with respect to a Closed-End Second Lien Mortgage Loan or second-lien HELOC Mortgage Loan, the original principal amount priority over the second lien of the Mortgage Loan (or other than, for the avoidance of doubt, any first lien of the Mortgage that has been disclosed to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the MortgageBuyer)), subject only to the exceptions contained in clauses subpart (i) and (ii) of paragraph (jr) of this Subsection 9.01Exhibit L, and is otherwise in compliance with the case of Adjustable Rate Mortgage Loans, against any loss by reason requirements 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 Paymentapplicable Approved Investor. Where required by state 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 SellerGuarantor, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder holder, servicer or subservicer of the related Mortgage, including the Sellerany Seller 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 entityPerson, and no such unlawful items have been received, retained or realized by any Seller Party, in any case to the Seller;extent it would impair the coverage of any such policy.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 of the Mortgage with respect to First Lien Mortgage Loans and as to the second priority lien of the Mortgage with respect to Second Lien Mortgage Loans in the original principal amount of the Mortgage Loan (or 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 (i1), (2), (3) and (ii4) of paragraph (j) the “Valid First or Second Lien” representation of this Subsection 9.01Section 4.02, and in the case of Adjustable Rate with respect to each ARM Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerCompany, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 1 contract
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage The Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to Fannie Mae or Freddie Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction juris▇▇▇▇▇▇n where the Mortgaged ▇▇▇ ▇▇▇tgaged Property is located, insuring the SellerMortgagee, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Loan, 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) of Paragraph (j) of this Exhibit B. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Sellertitle policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Mortgagee, its successor 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 have 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 (Chimera Investment Corp)
Title Insurance. With respect to a Each Mortgage Loan which is not a Co-op Loan, the Mortgage Loan [other than any cooperative loan] is covered by either (i) an ALTA attorney’s opinion of title and abstract of title, or a certificate of title, the form and substance of which is acceptable to lending institutions making Mortgage Loans in the area where the Mortgaged Property is located or (ii) a lender’s title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer generally acceptable under the Underwriting Guidelines and qualified to do business mortgage lending institutions making Mortgage Loans in the jurisdiction area where the Mortgaged Property is located, insuring the Sellermortgagee, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment lien, subject only to the Mortgage Interest Rate and Monthly Paymentexceptions contained in paragraph 4 above. Where required by If the Mortgaged Property is a condominium unit located in a state law or regulationin which a title insurer will generally issue an endorsement, then the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s related title insurance policy affirmatively insures ingress and egress(the “Title Insurance Policy”) contains an endorsement insuring the validity of the creation of the condominium form of ownership with respect to the project in which such unit is located. With respect to any Title Insurance Policy, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are originator is the sole insureds insured of such lender’s title insurance policymortgagee Title Insurance Policy, and such lender’s title insurance policy mortgagee Title Insurance Policy is valid and remains in full force and effect and will be in force and effect inure to the benefit of EFC upon the consummation of the transactions contemplated by this Agreement. No , no claims have been made under such lender’s title insurance policy, mortgagee Title Insurance Policy and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything that would impair the coverage of such mortgage Title Insurance Policy]; To the best of Seller’s knowledge, no claims have been made under such lenders title insurance policy. The Seller and, to the best of Seller’s knowledge, each prior holder of the Mortgage, has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Sale Agreement (Etrade Mortgage Backed Securities Corp)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered either by (i) an ALTA lenderattorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans, in the area where the Mortgage Property is located, or (ii) a valid and enforceable title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each commitment to issue such title insurance policy, which title insurance policy insures (or will insure) that the Mortgage relating thereto is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where valid first lien or second lien, as applicable, on the Mortgaged Property therein described and that such Mortgaged Property is located, insuring the Seller, its successors free and assigns, as to clear of all encumbrances and liens having priority over the first priority lien of the Mortgage in (or with respect to a Closed-End Second Lien Mortgage Loan or second-lien HELOC Mortgage Loan, the original principal amount priority over the second lien of the Mortgage Loan (or other than, for the avoidance of doubt, any first lien of the Mortgage that has been disclosed to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the MortgageBuyer)), subject only to the exceptions contained in clauses subpart (i) and (ii) of paragraph (jr) of this Subsection 9.01Exhibit L, and is otherwise in compliance with the case of Adjustable Rate Mortgage Loans, against any loss by reason requirements 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 Paymentapplicable Approved Investor. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder holder, servicer or subservicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller, in any case to the Seller;extent it would impair the coverage of any such policy.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy su▇▇ ▇▇▇l▇ ▇nsur▇▇▇▇ ▇▇licy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to Fann▇▇ ▇▇▇ ▇▇ Fred▇▇▇ ▇▇▇, issued by a title insurer acceptable under the Underwriting Guidelines to Fann▇▇ Mae or Fred▇▇▇ ▇▇▇ 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 or second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Loan, 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 Seller, its successor and assigns, are Seller is the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Master Repurchase Agreement (Starnet Financial Inc)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy (which, in the case of an Adjustable Rate Mortgage Loan, has an adjustable rate mortgage endorsement in the form of ALTA 6.0 or 6.1)or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)) and, subject only with respect to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of an Adjustable Rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Company is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the SellerCompany, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 1 contract
Sources: Master Seller’s Warranties and Servicing Agreement (MASTR Asset Securitization Trust 2007-1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance that is generally acceptable under the Underwriting Guidelines to Fannie Mae and each such title insurance policy is issued by Freddie Mac that was ▇▇▇▇▇▇ ▇▇ a title insurer acceptable under the Underwriting Guidelines licensed and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerAmeriquest, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.01Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Sellertitle policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. Ameriquest, its successor successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAmeriquest, 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 SellerAmeriquest;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsamp Trust 2004-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by i▇ ▇▇▇▇e▇ ▇y a title insurer ▇▇▇▇▇ ▇nsurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the ju▇▇▇▇▇▇tion whe▇▇ ▇▇▇ Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1) and (ii2) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerOption One, its successors and assigns, as to the first priority lien (with respect to First Lien Loans) or second priority lien (with respect to Second Lien Loans) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerOption One, its successor successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerOption One, 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 entity, and no such unlawful items have been received, retained or realized by the SellerOption One;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued ▇▇ ▇▇s▇▇▇ by a title ▇ ▇▇▇▇▇ insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the ▇▇▇▇▇▇iction w▇▇▇▇ ▇▇e Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1) and (ii2) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable equivalent form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer i▇▇▇▇▇ b▇ ▇ tit▇▇ ▇▇▇▇rer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction juris▇▇▇▇▇▇n where the Mortgaged ▇▇▇ ▇▇▇tgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respec▇ ▇▇ Mor▇▇▇▇▇ ▇oans and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to qualifi▇▇ ▇▇ do business ▇▇▇▇▇▇ss in the jurisdiction where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇h ti▇▇▇ ▇▇▇urance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where ▇▇▇isdictio▇ ▇▇▇▇▇ the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc5)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is of insurance, issued by a title insurer acceptable under the Underwriting Guidelines Qualified Insurer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first or second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph Paragraph (j) of this Subsection 9.01Section 3.02, with respect to each Second Lien Mortgage Loan, clause (4) of Paragraph (j) of this Section 3.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage 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. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of such lender's title insurance policy. The Seller, its successor successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and and, to the knowledge of the Seller, no prior holder of the 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. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Flow Sale Agreement (Luminent Mortgage Trust 2006-7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage The Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to FNMA or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or in Pool A, and as to the extent a second priority lien on the Mortgage Note provides for negative amortization, in the maximum original principal amount of negative amortization the Loan in accordance with the Mortgage)Pool B, subject only to the exceptions contained in clauses (i) Permitted Exceptions and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest Interest therein. The Where required by state law or regulation, the Obligor has been given the opportunity to choose the carrier of such lender's title insurance policy. Seller, its successor successors and assigns, assigns are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the 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. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Sources: Loan Purchase Agreement (Westmark Group Holdings Inc)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s title insurance policy acceptable to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 [first] priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Section 3.2(l), and in the case of with respect to Adjustable Rate Mortgage Loans, 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 title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of such lender’s title insurance policy. The SellerCompany, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s 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. In connection with the issuance of such lender’s title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 1 contract
Sources: Sale and Servicing Agreement (FBR Securitization, Inc.)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable under the Underwriting Guidelines to 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 (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an ALTA irrevocable title commitment, or an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Purchaser and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Purchaser and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the each Seller, its successors and assigns, as to the first priority lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentPermitted Exceptions. Where required by state 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 (or commitment pending receipt of final policy) affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy (or commitment pending receipt of final policy) does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Each Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the each Seller, has done, by act or omission, anything which that 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 each Seller;.
Appears in 1 contract
Sources: Mortgage Loan Purchase and Sale Agreement (Rithm Perpetual Life Residential Trust)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.01Schedule, 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 SellerDecision One, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, 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 SellerDecision One;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the SellerDecision One, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.01Schedule, 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 SellerDecision One, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, 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 SellerDecision One;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to Fann▇▇ ▇▇▇ (▇▇ the related Mortgaged Property is located in Iowa) or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is of insurance, issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the related Mortgaged Property is located, in either case insuring the Seller, Seller and its successors and assigns, assigns as to the first priority lien of the Mortgage in the original amount of 100% of the outstanding principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Permitted Exceptions, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the any provisions of the Mortgage providing proving for adjustment to the Mortgage Interest Rate mortgage interest rate and Monthly Payment. Where required by state law or regulation, the Mortgagor mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egresspolicy. Immediately prior to the sale of the Mortgage Loan to FAIC II under this agreement, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, together with its successor and successors or assigns, are was the sole insureds of insured under such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to FAIC II. 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 should reasonably be expected to impair the coverage provided by such lender's title insurance policy. In connection with the issuance of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Sources: Mortgage Loan Sale Agreement (Fund America Investors Corp Ii)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s Buyer's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its their respective successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2), (3), and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Tape) and clause (ii4) of paragraph (j) of this Subsection 9.01, and in the case Part I of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentSchedule 1. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 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 exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor respective successors and assigns, are the sole insureds of such the lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s 's title insurance policy, and and, to the best of such Seller's knowledge, no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other 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
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to 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 (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.019.02 of the Aames Purchase Agreement, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance to Fannie Mae or Freddie Mac with respect to Mortgage Loans an▇ ▇▇▇▇ ▇▇▇h ti▇▇▇ ▇▇▇urance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where t▇▇ ▇▇▇isdictio▇ ▇▇▇▇▇ the Mortgaged Property is located, insuring the SellerNC Capital Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-Nc7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an irrevocable title commitment, or an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Buyer and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Buyer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the each Seller, its successors and assigns, as to the first priority lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentPermitted Liens. Where required by state 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 (or commitment pending receipt of final policy) affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy (or commitment pending receipt of final policy) does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Each Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the each Seller, has done, by act or omission, anything which that 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 each Seller;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rithm Perpetual Life Residential Trust)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage 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, (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and each such title insurance policy is issued by a title insurer acceptable under to ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the Underwriting Guidelines jurisdiction where the Mortgaged Property is located, (iii) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to the FHA with respect to FHA Loans, or (iv) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to the FHA with respect to the FHA Loans, and each such title insurance policy is issued by a title insurer acceptable to FHA and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or including, to the extent a Mortgage Note provides for negative amortizationNegative Amortization, the maximum amount of negative amortization Negative Amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2), (3) and and, with respect to each Loan which is indicated by Seller to be an Alabama Second Lien Loan (iias reflected on the Asset Schedule) clause (4) of paragraph (j) of this Subsection 9.01Part 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. Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other 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.
(m) Paragraph (q) of Schedule 1 (Representations and Warranties with respect to Loans) to the Seller;Agreement is hereby amended by adding the following at the end thereof: With respect to each Loan which is indicated by Seller to be an Alabama Second Lien Loan (as reflected on the Asset Schedule) (i) the First Lien is in full force and effect, (ii) there is no default, breach, violation or event of acceleration existing under such First Lien mortgage or the related mortgage note, (iii) no event 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 thereunder, and either (A) the First Lien mortgage contains a provision which allows or (B) applicable law requires, the mortgagee under the Alabama Second Lien Loan to receive notice of, and affords such mortgagee an opportunity to cure any default by payment in full or otherwise under the First Lien mortgage.
(n) Paragraph (dd) of Schedule 1 (Representations and Warranties with respect to Loans) to the Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
Sources: Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ ▇u▇▇ titl▇ ▇▇▇▇▇ance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the ▇▇▇▇▇diction ▇▇▇▇▇ ▇he Mortgaged Property is located, insuring the SellerNC Capital Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc Mort Pas THR Certs Ser 2003-Nc9)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule II, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage 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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under to Fannie Mae or Freddie Mac with respect to Mortgage Loans and ▇▇▇▇▇a▇▇ to t▇▇ ▇▇▇▇rwriting Guidelines (as of the Underwriting Guidelines date such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable under to prudent lenders in the Underwriting Guidelines secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerWMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerWMC Mortgage Corp., its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerWMC Mortgage Corp.;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Wmc1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ ▇i▇▇▇ ins▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction juri▇▇▇▇▇▇on where the Mortgaged ▇▇▇ ▇▇rtgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Nc1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA or CLTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.019.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to FNMA or FHLMC and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.018.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds insurers 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: Mortgage Loan Purchase and Warranties Agreement (Flagstar Capital Corp)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to FNMA and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to FNMA and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.018.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of under 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: Mortgage Loan Purchase Agreement (Chevy Chase Preferred Capital Corp)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Administrative Agent with respect to Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac with respect to Mortgage Loans, other than Non-Agency QM Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines Administrative Agent with respect to Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac with respect to Mortgage Loans, other than Non-Agency QM 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 of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or Loan, with respect to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) acceptable to Administrative Agent with respect to Non-Agency QM Mortgage Loans and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac with respect to Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the other than Non-Agency QM Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly PaymentLoans. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other 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. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac 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 of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (ia), (b) and (iic) of paragraph (j10) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Schedule B. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Originator is the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerOriginator, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage The Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to FNMA or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the First Mortgage Loan (or Loan, and as to the extent a second priority lien on the Mortgage Note provides for negative amortization, in the maximum original principal amount of negative amortization in accordance with the Mortgage)Second Mortgage Loan, subject only to the exceptions contained in clauses (i) Permitted Exceptions and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures Insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Where required by state law or regulation, the Obligor has been given the opportunity to choose the carrier of such lender's title insurance policy. Seller, its successor successors and assigns, assigns are the sole insureds of such lender’s 's title insurance Insurance policy, and such lender’s 's title insurance policy is valid and remains in In full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgagemortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title Insurance policy. In connection with the issuance of such lender's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other 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: Bulk Continuing Loan Purchase Agreement (Austin Funding Com Corp)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac, issued by a title insurer acceptable under the Underwriting Guidelines to ▇▇▇▇▇▇ 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 or second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Loan, 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 Seller, title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller its successor 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 (Oak Street Financial Services Inc)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to Fannie Mae or (b) an ALTA lender’s 's title insurance policy or other generally gene▇▇▇▇▇ acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of a First Mortgage Loan, and as to the applicable priority lien on the Mortgage Loan (or to in the extent a Mortgage Note provides for negative amortization, the maximum original principal amount of negative amortization in accordance with the Mortgage)a Second Lien Mortgage Loan, subject only to the exceptions contained in clauses (i) Permitted Exceptions and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Where required by state law or regulation, the Obligor has been given the opportunity to choose the carrier of such lender's title insurance policy. Seller, its successor successors and assigns, assigns are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgagemortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by ▇▇▇▇▇▇ ▇▇ a title insurer ti▇▇▇ ▇▇▇urer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction juri▇▇▇▇▇▇on where the Mortgaged ▇▇▇ ▇▇rtgaged Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.01Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerAames, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or if the related Mortgaged Property is located in the state of Iowa an attorney's opinion, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to 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 (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.019.02 of the Meritage Purchase Agreement, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s title insurance policy (which in the case of an Adjustable Rate Mortgage Loan has an adjustable rate mortgage endorsement in the form of ALTA 6.0 or other 6.1 or equivalent) generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is in secondary market transactions, issued by a title insurer generally acceptable under the Underwriting Guidelines in secondary market transactions 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 (or where applicable, second) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii) and (ii) iii), and with respect to each Second Lien Mortgage Loan, clause (iv), of paragraph Paragraph (jl) of this Subsection 9.01Exhibit K, and in the case of with respect to Adjustable Rate Mortgage Loans, 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. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of such lender’s title insurance policy. The Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s 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. In connection with the issuance of such lender’s title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Am1)
Title Insurance. With respect 5.1 By the Closing Date, Purchaser shall have obtained a commitment (the "Title Commitment") from Chicago Title Insurance Company or any other nationally recognized title insurance company selected by, or acceptable to, Purchaser (the "Title Company") to a Mortgage Loan which is not a Co-op Loanissue an owner's policy of title insurance on the Property in favor of Purchaser in standard ALTA form (the "Title Policy"), free and clear of any objections, except for Permitted Encumbrances.
5.2 Notwithstanding the foregoing, the Mortgage Loan existence of liens or encumbrances other than the Permitted Encumbrances or those which are permitted by this Agreement shall be deemed to be Permitted Encumbrances if the Title Company will insure Purchaser's title free and clear of the matter or will insure against the enforcement of such matter out of the Property, on the condition that Purchaser's counsel shall agree to accept title with such insurance. Any unpaid liens for real estate and personal property taxes for years prior to the fiscal year in which the Closing Date occurs and any other matter which Seller is covered by an ALTA lender’s obligated to pay and discharge at the Closing shall not be deemed objections to title, but the amount thereof chargeable to Seller, plus interest and penalties thereon, if any, shall be shown as chargeable to Seller in Purchaser's and Seller's settlement statement on the Closing Date and paid to the Title Company for the payment of such matters.
5.3 Purchaser shall pay any costs for obtaining the Title Commitment and the title insurance policy or other generally acceptable form of policy or premium for obtaining standard insurance acceptable coverage under the Underwriting Guidelines and each such title insurance policy is issued Title Policy in a minimum amount equal to the Purchase Price. Purchaser shall also pay the cost of a current, as-built boundary survey of the Land prepared by a title insurer acceptable under the Underwriting Guidelines reputable and qualified to do business established surveyor in the jurisdiction where Atlanta area, to be obtained by Purchaser by the Mortgaged Closing Date (the "Survey"), which Survey shall disclose no encumbrances on title to, or ownership of, the Property, except for Permitted Encumbrances. Seller shall pay the Georgia Real Property is located, insuring Transfer tax on the Seller, its successors deed. Purchaser shall pay all recording fees.
5.4 If and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that such materials are in the possession or control of Seller, Seller shall deliver or cause to be delivered to Purchaser on the Closing Date the following additional documents:
(a) all architectural drawings and plans and specifications for the Improvements, including an "as built" set of plans, if available;
(b) a Mortgage Note provides copy of the paid real estate tax ▇▇▇▇ for negative amortizationthe most recent period for which real estate taxes have been due and payable;
(c) true and correct copies of all equipment leases, service, maintenance, union and management contracts, as well as all other documents or agreements relating to or affecting the maximum amount Project;
(d) true and complete copies of negative amortization in accordance any engineering and asbestos reports with respect to the Property;
(e) true and correct copies of operating statements for the Property for the period commencing with the Mortgage)date of Seller's occupancy through September 30, subject only 1999 as well as escalation statements for operations, taxes, electric, utilities and other expenses relating to the exceptions contained in clauses Property during the same period;
(if) true and complete copies of any real estate tax information available to the Seller relating to the Property for the year of Closing and the previous year as well as a schedule of any tax reduction proceedings relating to the Property;
(iig) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason a copy of the invalidity or unenforceability present 1999 operating budget of the lien resulting from Property as well as a copy of any projections for future operating budgets relating to the provisions Property;
(h) true and complete copies of any certificate of occupancy for the Property as well as a true and complete copy of any other permits relating to the Project; provided, however, that nothing contained herein shall require Seller to deliver certificates or permits obtained or required to be obtained by any tenants of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Property.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Universal Health Realty Income Trust)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan Each related Mortgaged Property is covered by an ALTA (or its equivalent) lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is issued by a nationally recognized title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the insurance company, insuring that each related Mortgage is a valid first lien on such Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the such Mortgage Loan (or to or, in the extent case of a Trust Mortgage Note provides for negative amortizationLoan that is part of a Loan Pair, in the maximum original principal amount of negative amortization in accordance with the Mortgage)such Loan Pair) after all advances of principal, subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01Permitted Encumbrances and, and in the case of Adjustable Rate the Sangertown Square Trust Mortgage Loan, further subject to the fact that the related Mortgage also secures the Sangertown Square Non-Trust Mortgage Loan, which is senior in right of payment thereto, and, in the case of the ▇▇ ▇▇▇▇ Trust Mortgage Loans, against any loss by reason further subject to the fact that all of the invalidity ▇▇ ▇▇▇▇ Loan Pairs are cross-defaulted and cross-collateralized and the related Mortgages also secure the ▇▇ ▇▇▇▇ Non-Trust Mortgage Loans (or unenforceability of there is a binding commitment or binding pro forma from a title insurer qualified and/or licensed in the lien resulting from the provisions of the Mortgage providing for adjustment applicable jurisdiction, as required, 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, issue such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of policy); such lender’s title insurance policy, and such lender’s title insurance policy if issued, is valid and remains in full force and effect effect, all premiums have been paid, is freely assignable and will be in force and effect upon inure to the consummation benefit of the transactions contemplated by this Agreement. No Trustee (or, in the case of the Sangertown Square Trust Mortgage Loan, the Sangertown Square Trustee) as mortgagee of record, or any such commitment or binding pro forma is a legal, valid and binding obligation of such insurer; no claims have been made by the Depositor under such lender’s title insurance policy, if issued; and no prior holder neither the Depositor nor, to the best of the Depositor's knowledge, the related Mortgage, including the Seller, ▇▇▇▇▇▇ Mortgage Loan Seller (or any of its affiliates) has done, by act or omission, anything which that would materially impair the coverage of any such lender’s title insurance policy; such policy or commitment or binding pro forma contains no exclusion for (or alternatively it insures over such exclusion, including without limitationunless such coverage is unavailable in the relevant jurisdiction) (A) access to a public road, (B) that there is no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized material encroachment by any attorney, firm or other person or entityimprovements on the related Mortgaged Property, and no such unlawful items have been received, retained or realized by (C) that the Seller;land shown on the survey materially conforms to the legal description of the related Mortgaged Property.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Sec Corp Lb Ubs Com Mort Tr 2003-C8)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with resp▇▇▇ to M▇▇▇▇▇▇▇ Loans and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to quali▇▇▇▇ ▇o do business ▇▇▇▇ness in the jurisdiction where the Mortgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital Corporation, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital Corporation;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc4)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.01Schedule X, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerAames, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ t▇▇▇e in▇▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to 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 SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii) and (iiiii) of paragraph (j) representation 10 of this Subsection 9.01Schedule VI, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
Title Insurance. With respect As of the Servicing Transfer Date for WMC Mortgage Loans sold to a Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loan which is not a Co-op LoanLoans, the Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the to Fannie Mae or Freddie Mac with respect to Mortgage Loans and purs▇▇▇▇ ▇o ▇▇e Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable under to prudent lenders in the Underwriting Guidelines secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the SellerWMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iiiv) of paragraph (j) representation 10 of this Subsection 9.01Schedule VI, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerWMC Mortgage Corp., its successor and assigns, are the sole insureds of such lender’s '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 As of the Servicing Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, no claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerWMC Mortgage Corp.;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines ▇▇ ▇ t▇▇▇e in▇▇▇▇▇ ▇cceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdicti▇▇ ▇▇▇re the Mortgaged M▇▇▇▇▇▇▇d Property is located, insuring the SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (2) and (ii3) of paragraph (j) of this Subsection 9.01Schedule V, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerAames, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerAames;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (a) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to F▇▇▇▇▇ M▇▇ (if the related Mortgaged Property is located in Iowa) or (b) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is of insurance, issued by a title insurer acceptable under the Underwriting Guidelines and qualified to do business in the jurisdiction where the related Mortgaged Property is located, in either case insuring the Seller, Seller and its successors and assigns, assigns as to the first or second priority lien lien, as the case may be, of the Mortgage in the original amount of 100% of the outstanding principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to Permitted Exceptions and the exceptions contained in clauses (i) and (ii) lien of paragraph (j) of this Subsection 9.01any senior mortgagee, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the any provisions of the Mortgage providing proving for adjustment to the Mortgage Interest Rate mortgage interest rate and Monthly Payment. Where required by state law or regulation, the Mortgagor mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egresspolicy. Immediately prior to the sale of the Mortgage Loan to the Depositor under this agreement, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, together with its successor and successors or assigns, are was the sole insureds of insured under such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Depositor. 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 should reasonably be expected to impair the coverage provided by such lender's title insurance policy. In connection with the issuance of such lender’s 's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Sources: Mortgage Loan Sale Agreement (Residential Asset Funding Corp)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable under the Underwriting Guidelines to 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 of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (iA), (B) and (iiC) of paragraph (j) of this Subsection 9.01Schedule, 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 SellerDecision One, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerDecision One, 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 SellerDecision One;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3)
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or of insurance acceptable under the Underwriting Guidelines and each such title insurance policy is to FNMA or FHLMC, issued by a title insurer acceptable under the Underwriting Guidelines to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 7. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are Seller is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac with respect to Agency Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines to Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac with respect to Agency Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (or in the case of a Second Lien Mortgage Loan, the second priority lien) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (b) and (iic) of paragraph (ji) of this Subsection 9.01Schedule 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 title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other 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. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by either (i) an ALTA attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or other generally comparable policy acceptable form of policy to ▇▇▇▇▇▇ ▇▇▇ or insurance acceptable under ▇▇▇▇▇▇▇ Mac and approved for use in the Underwriting Guidelines applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable under in the Underwriting Guidelines industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien Lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i) 1), (2), and (ii3) below of paragraph (jI) of this Subsection 9.01Part I of Schedule 1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate mortgage interest rate and Monthly Paymentmonthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other 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. With respect to a Mortgage Loan which is not a Co-op Loan, the The Mortgage Loan is covered by an ALTA lender’s 's title insurance policy policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac with respect to Mortgage Loans and each such title insurance ▇▇▇▇ ▇i▇▇▇ ins▇▇▇▇▇▇ policy is issued by a title insurer acceptable under the Underwriting Guidelines to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction juri▇▇▇▇▇▇on where the Mortgaged ▇▇▇ ▇▇rtgaged Property is located, insuring the SellerNew Century Mortgage Corporation, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (i), (ii) and (iiiii) of paragraph (j) representation 10 of this Subsection 9.01Schedule VII, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The SellerNC Capital, its successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the SellerNew Century Mortgage Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNew Century Mortgage Corporation or NC Capital;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)
Title Insurance. With The Sellers and the Agro Seller will cause the corporations comprising the AFA Group and Agro or, if applicable, their respective affiliates, to obtain the following title insurance policies, or irrevocable binding commitments to issue the same:
(a) If requested by the Buyer, at Buyer's expense (including related legal fees), after the Closing, with respect to each parcel of real estate that any of the corporations comprising the AFA Group or Agro leases or subleases, an ALTA Leasehold Owner's Policy of Title Insurance-1987 (or equivalent policy reasonably acceptable to the Buyer if the real property is located in a Mortgage Loan state in which an ALTA Leasehold Owner's Policy of Title Insurance-1987 is not a Co-op Loanavailable), or at the Mortgage Loan is covered by an ALTA lender’s option of the Buyer, endorsements to existing title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and each such title insurance policy is policies, issued by a title insurer reasonably satisfactory to the Buyer (the "Title Company") (and, if requested by the Buyer, reinsured in whole or in part by one or more insurance companies and pursuant to a direct access agreement reasonably acceptable to the Buyer) in such amount as the Buyer reasonably may determine (taking into account the time cost of money and such other factors as whether the fair market rental value of the premises exceeds the stipulated consideration in the lease or sublease, whether the tenant or subtenant has any option to renew or extend, whether the tenant or subtenant owns any improvements located on the premises, whether the tenant or subtenant is permitted to sublease, and whether the tenant or subtenant would owe any amount under the Underwriting Guidelines and qualified lease or sublease if evicted), insuring title to do business the leasehold or subleasehold estate to be in the jurisdiction where respective corporation comprising the Mortgaged Property is located, insuring the Seller, its successors and assigns, AFA Group or Agro as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan Closing.
(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 (ib) and (ii) of paragraph (j) of this Subsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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, Each such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, or at the option of the Buyer, an endorsement to an existing title policy, delivered shall (A) insure title to the real property and all recorded easements benefiting such lender’s real property, (B) contain an "extended coverage endorsement" insuring over the general exceptions contained customarily in such policies, (C) contain an ALTA Zoning Endorsement 3.1 (or equivalent), (D) contain an endorsement insuring that the real property described in the title insurance policy is valid the same real estate as shown on the survey delivered with respect to such property, (E) contain an endorsement insuring that each street adjacent to the real property is a public street and remains that there is direct and unencumbered pedestrian and vehicular access to such street from the real property, (F) contain an inflation endorsement providing for annual adjustments in full force and effect and will be the amount of coverage corresponding to the annual percentage increase, if any, in force and effect upon the consummation United States Department of Commerce Composite Construction Cost Index (Base Year = 1997), (G) if the real property consists of more than one record parcel, contain a "contiguity" endorsement insuring that all of the transactions contemplated by this Agreement. No claims have been made under such lender’s record parcels are contiguous to one another, (H) contain a "non-imputation" endorsement to the effect that title insurance policydefects known to the officers, directors, and no prior holder stockholders 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;owner prior to the
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Title Insurance. With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and to F▇▇▇▇▇ M▇▇ or Freddie Mac and each such title insurance policy is issued by a title insurer acceptable under the Underwriting Guidelines and to F▇▇▇▇▇ M▇▇ or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i) and (ii) of paragraph clause (j) of this Subsection 9.017.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
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Title Insurance. With respect (a) Following the execution and delivery of this Agreement, at Seller’s expense, Buyer shall cause Title Company to deliver to Buyer a Mortgage Loan which is not commitment for the Title Policy described in subsection (b) below (the “Title Commitment”), together with legible copies of all of the underlying documentation described in such Title Commitment. Seller shall, within two business days after the execution of this Agreement, deliver to Buyer the most recent surveys of the properties that comprise the Property in Seller’s possession or control (the “Surveys”).
(a) At each Closing, and as a Co-op Loancondition thereof, the Mortgage Loan is covered by Buyer shall receive an ALTA lenderowner’s title insurance policy or other generally acceptable form of policy or insurance acceptable under (the Underwriting Guidelines and each such title insurance policy is “Title Policy”) issued by a title insurer acceptable under Title Company for the Underwriting Guidelines and qualified to do business homes purchased by Buyer at such Closing, dated the day of Closing, with liability in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien of the Mortgage in the original principal full amount of the Mortgage Loan Purchase Price for such homes, the form of which shall be an American Land Title Association Owner’s Policy, Standard Form B, 1992 (or other form preferred by Buyer or required or promulgated pursuant to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgageapplicable state insurance regulations), subject only to the Permitted Exceptions (defined below). The Title Policy may contain any endorsements requested by Buyer.
(b) Prior to the expiration of each Due Diligence Period, Buyer shall review title to the Premises applicable to such Due Diligence Period as disclosed by the Title Commitment and the Surveys, and satisfy itself as to the availability from the Title Company of the Title Policy and all requested endorsement to such Title Policy. Buyer shall have the right to obtain an update of the Surveys or to secure new surveys at any time prior to the expiration of the applicable Due Diligence Period.
(c) Seller shall have no obligation to remove or cure title objections, except for (1) liens of an ascertainable amount created by Seller, which liens Seller shall cause to be released at the Closing or affirmatively insured over by the Title Company with Buyer’s approval, (2) any exceptions contained in clauses (i) or encumbrances to title which are created by Seller after the date of this Agreement without Buyer’s consent, and (ii3) of paragraph non-consensual liens which liens Seller shall cause to be released at the Closing or affirmatively insured over by the Title Company. In addition, Seller shall provide the Title Company with any affidavits, ALTA statements or personal undertakings (j) of this Subsection 9.01collectively, an “Owner’s Affidavit”), in form and substance reasonably acceptable to the Title Company, that will permit the Title Company to remove the standard “mechanics lien” and “GAP” exceptions and otherwise issue the Title Policy 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 form required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Buyer.
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Sources: Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.)