Common use of Title Insurance Clause in Contracts

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 12 contracts

Samples: Flow Seller’s Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n), Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-8), Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-2)

AutoNDA by SimpleDocs

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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 (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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Master Seller’s Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5)

Title Insurance. The Mortgage Loan (other than each Cooperative 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 of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second first priority lien lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 7 contracts

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-3), Servicing Agreement (Lehman Mortgage Trust 2007-5), Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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 (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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-5), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. 2005-7), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

Title Insurance. The Mortgage Loan (other than each Cooperative 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 of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second first priority lien lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 5 contracts

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-3), Servicing Agreement (Lehman Mortgage Trust 2007-2), Servicing Agreement (Lehman Mortgage Trust 2007-4)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jxi) of this Section 3.02. Where required 3.2, and, with respect to each Adjustable Rate Mortgage Loan against any loss by state law reason of the invalidity or regulationunenforceability of the lien resulting from the provisions of the Mortgage providing for adjustments to the Mortgage Interest Rate and Monthly Payment; provided, however, that in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, the Mortgagor has been given Mortgage Loan is the opportunity to choose the carrier subject of an opinion of counsel of the required mortgage type customarily rendered in such jurisdiction in lieu of title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 4 contracts

Samples: Second Amended and Restated Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-4f), Second Amended and Restated Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2006-9f)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 4 contracts

Samples: Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-7), Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-9), Servicing Agreement (Structured Asset Securities Corp Trust 2005-6)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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 (1), (2) and (3) of paragraph (jxi) of this Section 3.02. Where required 3.2) and in the case of ARM Loans against any loss by state law reason of the invalidity or regulationunenforceability of the lien resulting from the provisions of such Mortgage provided for adjustment to the applicable Mortgage Interest Rate and Monthly Payment; provided, however, that in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, the Mortgagor has been given Mortgage Loan is the opportunity to choose the carrier subject of an opinion of counsel of the required mortgage type customarily rendered in such jurisdiction in lieu of title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, policy and no prior holder of the Mortgage, including the Company, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy. The Company has not done, by act or omission, anything that would impair the coverage of such lender’s title insurance policy. In connection with the issuance of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 4 contracts

Samples: Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-4f), Flow Seller’s Warranties and Servicing Agreement (STARM Mortgage Loan Trust 2007-1), Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2006-9f)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second first priority lien lien, as applicable, of the Mortgage and, with respect to ARM Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, in each case, 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)Loan, 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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 4 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002 7), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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 (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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 4 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002 7), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, 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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 3 contracts

Samples: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust), Warranties and Servicing Agreement (Banc of America Funding 2007-a Trust)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance, or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph Paragraph (jk) of this Section 3.02. Where required , and against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insuranceinvalidity 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 ingress and egressincludes no exceptions regarding ingress, and against egress or encroachments by that impact the value or upon the marketability of the Mortgaged Property or any interest thereinProperty. The Company is Company, its successors and assigns are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. Where required by applicable state law, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind the Mortgagor has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by given the Company;opportunity to choose the carrier of the required mortgage title insurance.

Appears in 3 contracts

Samples: Seller's Warranties and Servicing Agreement (MASTR Asset Securitization Trust 2006-2), Seller's Warranties and Servicing Agreement (MASTR Alternative Loan Trust 2006-1), Seller's Warranties and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Ab1)

Title Insurance. The Mortgage Loan (other than each Cooperative Loan) is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second first priority lien lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, 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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 2 contracts

Samples: Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx MacFanxxx Xxe xx Frexxxx Xxc, issued by a title insurer acceptable to Fxxxxx Mae Fanxxx Xxe or Fxxxxxx Mac Frexxxx Xxc and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 2 contracts

Samples: Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7), Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx Freddie Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx acceptxxxx xo Xxnnie Xxx xx Freddie Mac and qualified to do business in the jurisdiction where txx xxxisdictiox xxxxx the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (jxi) 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 any loss by reason of the invalidity or upon unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment; provided, however, that in the case of any Mortgage Loan secured by a Mortgaged Property or any interest thereinlocated in a jurisdiction where such policies are generally not available, the Mortgage Loan is the subject of an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 2 contracts

Samples: Trust Agreement (GSAA Home Equity Trust 2005-3), Trust Agreement (GSAA Home Equity Trust 2005-3)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of and each such title insurance policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, is issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac us and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its us and our successors and assigns, as to the second 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)Note, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jp) of this Section 3.02Section, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the 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 Company is We and our successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policypolicy and, and no neither us nor, to the best of our knowledge, any other prior holder of the related Mortgage, including the Company, 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 Company;Seller.

Appears in 2 contracts

Samples: Master Participation and Servicing Agreement (Pfgi Capital Corp), Master Participation and Servicing Agreement (Pfgi Capital Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area where wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Mac, Xxxxxxx Mac and each such title insurance policy is issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first 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 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 (1a), (2b) and (3c) of paragraph (ji) of this Section 3.02Schedule 1. Where required by state law or regulationSeller, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionallyits successors and assigns, 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 Company is are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the CompanySeller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA or, if approved in writing by Purchaser, a CLTA lender’s 's title insurance policy, and each such title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, is issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, mortgagee as to the second 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 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 (1i), (2ii) and (3iv) of paragraph (jh) of this Section 3.027.02, and, in the case of an adjustable rate Mortgage Loan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreementeffect. No claims have been made under such lender’s 's title insurance policy, and no neither Seller, nor to Seller's knowledge, any prior holder of the Mortgage, including the Company, Mortgage has done, by act or of omission, anything which would impair the coverage of such lender’s 's title insurance policy policy, including without limitation, no the payment, retention or realization of any unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been by or will be received, retained or realized by to any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 2 contracts

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

Title Insurance. The Each Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the Companyexceptions contained in (j)(1), (2), and (3) above) the Seller, its successors and assigns, as to the second 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 (1), (2) and (3) of paragraph (j) of this Section 3.02Loan. Where required by applicable state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallyThe Seller, such lender’s title insurance policy affirmatively insures ingress its successors and egressassigns, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is are the sole insured insureds of such lender’s 's title insurance policy, such title insurance policy has been duly and validly endorsed to the Purchaser or the assignment to the Purchaser of the Seller's interest therein does not require the consent of or notification to the insurer and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and the Purchase Price and Terms Letter. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the CompanySeller, 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 Companypolicy;

Appears in 2 contracts

Samples: Seller's Purchase, Warranties and Servicing Agreement (Gs Mortgage Securities Corp), Seller's Purchase, Warranties and Servicing Agreement (Gs Mortgage Securities Corp)

Title Insurance. The Mortgage Loan (other than each Cooperative 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 of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second first priority lien lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 2 contracts

Samples: Servicing Agreement (LXS 2007-3), Seller’s Warranties and Servicing Agreement (Lehman XS Trust Series 2006-12n)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx MacFreddie Mxx, issued xxsxxx by a title x xxxxx insurer acceptable to Fxxxxx Fannie Mae or Fxxxxxx Mac and qualified to do Freddie Mxx xxx qualifixx xx xo business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second 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 (1), (2) and (3) of paragraph (j) of this Section 3.023.01. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 Company;Seller.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ncm2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates, Series 2004-Ncm1)

Title Insurance. The Mortgage Loan is covered by 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 of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Xxxxxx Xxx, Xxxxxxx Mac, GNMA, FHA, VA as applicable, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac Xxxxxx Mae, Xxxxxxx Mac, GNMA, FHA, VA as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 2 contracts

Samples: Flow Master Seller’s Warranties and Servicing Agreement (JPMMT 2007-A6), Flow Master Seller’s Warranties and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area where wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Mac, Xxxxxxx Mac and each such title insurance policy is issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage Mortgage, in the original principal amount of the Mortgage Loan (or Loan, with respect to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to the exceptions contained in clauses (1)acceptable to Xxxxxx Mae or Xxxxxxx Mac. Seller, (2) its successors and (3) of paragraph (j) of this Section 3.02. Where required by state law or regulationassigns, 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 Company is are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the CompanySeller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx MacFanxxx Xxe xx Frexxxx Xxc, issued by a title insurer acceptable to Fxxxxx Mae Fanxxx Xxe or Fxxxxxx Mac Frexxxx Xxc and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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 (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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Master Seller’s Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA a limited liability lender’s 's title insurance policy or such other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, Fannxx Xxx xx Fredxxx Xxx for loans similar to the Mortgage Loans issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanyBorrower, its successors and assigns, as to the second priority of its lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortizationLoan, the maximum amount of negative amortization in accordance with the Mortgage), and subject only to the exceptions contained in clauses (1), (2) ), and (3) of paragraph (j) of this Section 3.02above. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallyImmediately prior to the sale of the Mortgage Loan to the Lender under the terms of this Loan Agreement, such lender’s title insurance policy affirmatively insures ingress the Borrower, its successors and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is assigns were the sole insured insureds of such lender’s 's title insurance policy, and such . Such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanyBorrower, has done, by act or omission, anything which would should reasonably be expected to impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person persons or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx Freddie Mac, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac and Freddie Xxx xxd qualified to do business in the jurisdiction where the Mortgaged txx Xxxxgaged Property is located, insuring the Company, its successors and assigns, as to the second 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 (1), (2) and (3) of paragraph (jxi) of this Section 3.02. Where required 3.2) and in the case of ARM Loans against any loss by state law reason of the invalidity or regulationunenforceability of the lien resulting from the provisions of such Mortgage provided for adjustment to the applicable Mortgage Interest Rate and Monthly Payment; provided, however, that in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, the Mortgagor has been given Mortgage Loan is the opportunity to choose the carrier subject of an opinion of counsel of the required mortgage type customarily rendered in such jurisdiction in lieu of title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, policy and no prior holder of the Mortgage, including the Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy. The Company has not done, by act or omission, anything that would impair the coverage of such lender's title insurance policy. In connection with the issuance of such lender's title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA a limited --------------- liability lender’s 's title insurance policy or such other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Mac, Xxxxxxx Mac for loans similar to the Mortgage Loans issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanyBorrower, its successors and assigns, as to the second priority of its lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortizationLoan, the maximum amount of negative amortization in accordance with the Mortgage), and subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Section 3.02above. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallyImmediately prior to the sale of the Mortgage Loan to the Lender under the terms of this Loan Agreement, such lender’s title insurance policy affirmatively insures ingress the Borrower, its successors and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is assigns were the sole insured insureds of such lender’s 's title insurance policy, and such . Such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanyBorrower, has done, by act or omission, anything which would should reasonably be expected to impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person persons or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Title Insurance. The Each Mortgage Loan that is not a Co-op 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 of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second 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 (1), (2) and (3) of paragraph (j) of this Section 3.024.02. 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 Company is Seller, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 CompanySeller;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.023.02 and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the mortgage providing for adjustment 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 Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Seller's Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 1999 1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanyOriginator, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (j10) of this Section 3.02. 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 Company Originator is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanyOriginator, 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 CompanyOriginator;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy (or in the case of any Mortgage Loan secured by a Mortgaged Property located in a 22 jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance) or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph Paragraph (jk) of this Section 3.02. Where required , and against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insuranceinvalidity 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 's title insurance policy affirmatively insures ingress and egressincludes no exceptions regarding ingress, and against egress or encroachments by that impact the value or upon the marketability of the Mortgaged Property or any interest thereinProperty. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 2005-Wf1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area where wherein the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Mac, Xxxxxxx Mac and each such title insurance policy is issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Companyapplicable Seller, its successors and assigns, as to the second first 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 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 (1a), (2b) and (3c) of paragraph (ji) 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 thereinSchedule 1. The Company is applicable Seller, its successors and assigns, are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Companyany Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;a Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA a limited liability lender’s 's title insurance policy or such other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, Fannxx Xxx xx Fredxxx Xxx for loans similar to the Mortgage Loans issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Companyrelated Borrower, its successors and assigns, as to the second priority of its lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortizationLoan, the maximum amount of negative amortization in accordance with the Mortgage), and subject only to the exceptions contained in clauses (1), (2) ), and (3) of paragraph (j) of this Section 3.02above. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallyImmediately prior to the sale of the Mortgage Loan to the Lender under the terms of this Loan Agreement, such lender’s title insurance policy affirmatively insures ingress the related Borrower, its successors and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is assigns were the sole insured insureds of such lender’s 's title insurance policy, and such . Such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Companyrelated Borrower, has done, by act or omission, anything which would should reasonably be expected to impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person persons or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Title Insurance. The lien of each Mortgage Loan is covered insured by either an ALTA lender's title insurance policy (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 or a binding commitment therefor), or its equivalent as adopted in the area where applicable jurisdiction, insuring (subject to (a) the lien of current real property taxes, ground rents, water charges, sewer rents and assessments not yet due and payable, and (b) the exceptions (general and specific) set forth in such policy, none of which, individually or in the aggregate, materially interferes with the use of the Mortgaged Property is located as contemplated by the related Credit Lease or (iimaterially detracts from the benefit of the first priority lien of the Mortgage) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanyRepresenting Party, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the Mortgage Credit Lease Loan (or to after all advances of principal; the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this 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 Company Representing Party is the sole named insured of such lender’s title insurance policy; all premiums thereon have been paid; such policy has been issued or endorsed to the Trustee for the benefit of the Certificateholders without the consent of or any notification to the insurer, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No ; no claims have been made under such lender’s title insurance policy, policy and the Representing Party has no prior holder knowledge of the Mortgage, including the Company, has done, by act or omission, anything any matter which would impair or diminish the coverage of such lender’s policy; the insurer issuing such policy is qualified to do business in the jurisdiction in which the Mortgaged Property is located; such policy contains no exclusion for or affirmatively insures (a) access to a public road, (b) that there are no encroachments of any part of the buildings thereon over easements (except for any Mortgaged Property located in jurisdictions where such affirmative insurance is not available) and (c) that the area shown on the survey is the same as the property legally described in the Mortgage; each such title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value is in an amount of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by at least 100% of the Companyoriginal principal amount of the related Credit Lease Loan;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2006-Ar1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx Freddie Mac, issued by a title insurer acceptable axxxxxxbxx to Fxxxxx Mae Xae or Fxxxxxx Freddie Mac and qualified to do business in the jurisdiction xx xxe jurisdxxxxxx where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (jxi) 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 any loss by reason of the invalidity or upon unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment; provided, however, that in the case of any Mortgage Loan secured by a Mortgaged Property or any interest thereinlocated in a jurisdiction where such policies are generally not available, the Mortgage Loan is the subject of an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-6)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy (or in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance and acceptable to Fxxxxx Mxx or Fxxxxxx Mac) or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Mae or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the first priority lien (or second priority lien if such Mortgage Loan is a Second Lien Mortgage Loan) 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jk) 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 any loss by reason of the invalidity or upon unenforceability of the Mortgaged Property or any interest thereinlien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Servicing Agreement (LXS 2007-3)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy (or in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance) or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph Paragraph (jk) of this Section 3.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier 3.02 of the required mortgage title insuranceXxxxx Fargo Master Agreement, and against any 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 ingress and egressincludes no exceptions regarding ingress, and against egress or encroachments by that impact the value or upon the marketability of the Mortgaged Property or any interest thereinProperty. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Citigroup Mortgage Loan Trust 2005-6)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jxi) of this Section 3.02. Where required 3.2; provided, however, that in the case of any Mortgage Loan secured by state law or regulationa Mortgaged Property located in a jurisdiction where such policies are generally not available, the Mortgagor has been given Mortgage Loan is the opportunity to choose the carrier subject of an opinion of counsel of the required mortgage type customarily rendered in such jurisdiction in lieu of title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, to the best of the Company's knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx Freddie Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx acceptaxxx xx Xxxnie Xxx xx Freddie Mac and qualified to do business in the jurisdiction where thx xxxxsdiction xxxxx the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, 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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Banc of America Funding 2007-2 Trust)

Title Insurance. The Mortgage Loan is covered either by either (i) an attorney’s opinion of title and abstract of title title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans loans, in the area where the Mortgaged Mortgage Property is located located, or (ii) an ALTA lender’s a valid and enforceable title insurance policy or other generally acceptable form of commitment to issue such title insurance policy, which title insurance policy of insurance acceptable to Fxxxxx Mxx insures (or Fxxxxxx Macwill insure) that the Mortgage relating thereto is a valid first lien or second lien, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where as applicable, on the Mortgaged Property therein described and that such Mortgaged Property is located, insuring free and clear of all encumbrances and liens having priority over the Company, its successors and assigns, as to the second priority first lien of the Mortgage in (or with respect to a Closed-End Second Lien 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 that 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 (1), (2) and (3) of paragraph (jr) of this Section 3.02. Where required by state law or regulationExhibit L, and is otherwise in compliance with the Mortgagor has been given the opportunity to choose the carrier requirements of the required mortgage title insuranceapplicable Approved Investor. AdditionallySeller, such lender’s title insurance policy affirmatively insures ingress its successors and egressassigns, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder holder, servicer or subservicer of the related Mortgage, including the CompanySeller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller, in any case to the Company;extent it would impair the coverage of any such policy.

Appears in 1 contract

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

AutoNDA by SimpleDocs

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy (or in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance) or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx Freddie Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx tx Xxxxix Xae ox Xxxxxie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph Paragraph (jk) of this Section 3.02. Where required , and in the case of Adjustable Rate Mortgage Loans, against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and egress, and against encroachments by or upon the Mortgaged Property or any interest thereinMonthly Payment. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA a limited --------------- liability lender’s 's title insurance policy or such other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Mae or Fxxxxxx Mac, Xxxxxxx Mac for loans similar to the Mortgage Loans issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanyBorrower, its successors and assigns, as to the second priority of its lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortizationLoan, the maximum amount of negative amortization in accordance with the Mortgage), and subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Section 3.02above. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallyImmediately prior to the sale of the Mortgage Loan to the Lender under the terms of this Loan Agreement, such lender’s title insurance policy affirmatively insures ingress the Borrower, its successors and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is assigns were the sole insured insureds of such lender’s 's title insurance policy, and such . Such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanyBorrower, has done, by act or omission, anything which would should reasonably be expected to impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person persons or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Title Insurance. The Mortgage Loan XXX 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 a lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx MacPurchaser, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac the Purchaser and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the XXX, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage Loan (or to providing also for the extent that a Mortgage Note provides shared appreciation feature of the XXX, [and endorsed for negative amortization, XXX coverage in the maximum amount of negative amortization in accordance with the Mortgage), form attached hereto as Exhibit __] subject only to the exceptions contained in clauses (1), (2) and (32) of paragraph (ji) 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 insurance4.2. 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 Company Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, has done, by act or omission, anything which would impair in any material respect 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 Companypolicy;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Samco Mortgage Securities Corp)

Title Insurance. The Mortgage Loan is covered either by either (i) an attorney’s opinion of title and abstract of title title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans loans, in the area where the Mortgaged Property is located located, or (ii) an ALTA lender’s a valid and enforceable title insurance policy, commitment to issue such title insurance policy or, solely with respect to Closed-End Second Lien Mortgage Loans, a property report that includes a title insurance wrapper, which title insurance policy or other generally acceptable form of policy of title insurance acceptable to Fxxxxx Mxx wrapper, as applicable, insures (or Fxxxxxx Macwill insure) that the Mortgage relating thereto is a valid first lien or second lien, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where as applicable, on the Mortgaged Property therein described and that such Mortgaged Property is located, insuring free and clear of all encumbrances and liens having priority over the Company, its successors and assigns, as to the second priority first 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 that 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 (1), (2) and (3) of paragraph (jr) of this Section 3.02. Where required by state law or regulationExhibit L, and is otherwise in compliance with the Mortgagor has been given the opportunity to choose the carrier requirements of the required mortgage title insuranceapplicable Approved Investor. AdditionallyGuarantor, such lender’s title insurance policy affirmatively insures ingress its successors and egressassigns, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder holder, servicer or subservicer of the related Mortgage, including the Companyany Seller Party, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy policy, including without LEGAL02/42303142v3 limitation, no unlawful fee, commission, kickback or other 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 Company;extent it would impair the coverage of any such policy.

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (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 of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is locatedlocated or (iii) an owner’s title insurance policy, in each case insuring the Company, its successors and assigns, as to the second 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)Loan, 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 Company is the sole insured of such lender’s or owner’s title insurance policy, and such lender’s or owner’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s or owner’s title insurance policy, and no prior holder of the Mortgage, including the Company, has done, by act or omission, anything which would impair the coverage of such lender’s or owner’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 Company;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 03 4)

Title Insurance. The Each Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Fannie Mae, Freddie Mac, GNMA, FHA, VA as applicable, issued by a title insurer acceptable x xxxlx xnsxxxx xxceptable to Fxxxxx Mae or Fxxxxxx Mac Fannie Mae, Freddie Mac, GNMA, FHA, VA as applicable, and qualified to qualixxxx xo do business bxxxxxxx in the jurisdiction where the Mortgaged Property is located, insuring the Companyrelated originator, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (jiii) of this Section 3.02above. Where required by state 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 egressaccess, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company Mortgage Loan Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this Agreement. No To the Mortgage Loan Seller's Knowledge, no claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanyMortgage Loan 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 Company;policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National City Mortgage Capital Trust 2008-1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Fannie Mae, Freddie Mac, GNMA, FHA, VA as applicable, issued by a title insurer acceptable tixxx xxsxxxr xxxxxxxble to Fxxxxx Mae or Fxxxxxx Mac Fannie Mae, Freddie Mac, GNMA, FHA, VA as applicable, and qualified to do business in the xx xx businexx xx xhe jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, 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 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Flow Master Seller's Warranties and Servicing Agreement (Sunset Financial Resources Inc)

Title Insurance. The Except with respect to each Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA or CLTA lender’s title insurance policy or other generally acceptable form of policy of insurance policy, acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the Companyexceptions contained in (i)(i), (ii) and (iii) above) the Seller, its successors and assigns, assigns as to the second first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (and, with respect to ARM Mortgage Loans, against any loss by reason of the invalidity or to unenforceability of the extent that a lien resulting from the provisions of the Mortgage Note provides providing for negative amortization, adjustment in the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.02Mortgage Interest Rate or Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is Seller and its successors and assigns are the sole insured insureds of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;policy.

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (ia) an --------------- attorney’s '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 FNMA, or (iib) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1)Permitted Exceptions, (2) and (3) of paragraph (j) of this Section 3.02. Where required against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insuranceinvalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment. 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 Company is Where required by state law or regulation, the sole insured Obligor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. Seller, its successors and assigns, are the sole insureds (except in the case of a joint protection policy, in which case the Seller's interest is insured) of such lender's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, has done, by act or omission, done anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorneyattomey, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Continuing Loan Purchase Agreement (United Panam Financial Corp)

Title Insurance. The Mortgage Loan is covered by either (ia) an attorney’s 's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in Xxxxxx Xxx (if the area where the related Mortgaged Property is located in Iowa) or (iib) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Macinsurance, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the related Mortgaged Property is located, in either case insuring the Company, 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 that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage)Loan, subject only to Permitted Exceptions and the exceptions contained in clauses (1)lien of any senior mortgagee, (2) and (3) against any loss by reason of paragraph (j) the invalidity or unenforceability of this Section 3.02the lien resulting from any provisions of the Mortgage proving for adjustment to the 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 the Seller, together with its successors or upon the Mortgaged Property or any interest therein. The Company is assigns, was the sole insured of under such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Depositor. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, has done, by act or omission, anything which would should reasonably be expected to impair the coverage provided by such lender's title insurance policy. In connection with the issuance of such lender’s 's title insurance policy including without limitationpolicy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to 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 of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) and (4) 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp 2004-S3)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx Freddie Mac, issued by a title insurer x xxxxe xxsurex acceptable to Fxxxxx Fannie Mae or Fxxxxxx Freddie Mac and qualified to qualifixx xx do business businxxx in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1a), (2b) and (3c) of paragraph (jxi) 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 any loss by reason of the invalidity or upon unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment; provided, however, that in the case of any Mortgage Loan secured by a Mortgaged Property or any interest thereinlocated in a jurisdiction where such policies are generally not available, the Mortgage Loan is the subject of an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Trust Agreement (GSAA Home Equity 2005-12)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to 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 of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (and against any loss by reason of the invalidity or to unenforceability of the extent that a lien resulting from the provisions of the Mortgage Note provides providing for negative amortization, adjustment in the maximum amount of negative amortization in accordance with the Mortgage)Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.027. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 CompanySeller;

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Sasco 2006-Bc3)

Title Insurance. The Mortgage Loan is covered by either (ia) an attorney’s '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 FNMA or (iib) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the First Mortgage Loan (or Loan, and as to the extent that 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 (1), (2) Permitted Exceptions and (3) of paragraph (j) of this Section 3.02. Where required against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insuranceinvalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment. 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 Company is Where required by state law or regulation, the sole insured Obligor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. Seller, its successors and assigns are the sole insureds of such lender's title Insurance policy, and such lender’s 's title insurance policy is in valid and remains In full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgagemortgage, including the CompanySeller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title Insurance policy. In connection with the issuance of such lender's title insurance policy including without limitationpolicy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to 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 in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance) or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Fannie Mae or Fxxxxxx MacFreddie Mxx, issued xxsxxx by a title x xxxxx insurer acceptable to Fxxxxx Fannie Mae or Fxxxxxx Mac and qualified to do Freddie Mxx xxx qualifixx xx xo business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph Paragraph (jk) of this Section 3.02. Where required , and against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insuranceinvalidity 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 's title insurance policy affirmatively insures ingress and egressincludes no exceptions regarding ingress, and against egress or encroachments by that impact the value or upon the marketability of the Mortgaged Property or any interest thereinProperty. The Company is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Companypolicy;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Series 2004 - HYB4)

Title Insurance. The Mortgage Loan (other than each Cooperative Loan) is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Companyoriginator or Seller (as applicable), and its successors and assigns, as to the second 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 (1), (2) and (3) of paragraph (j) of this Section 3.027. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 CompanySeller;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy policy, or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Mac, Xxxxxxx Mac with respect to Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanyAames Capital Corporation, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (3iii) of paragraph (j) representation 10 of this Section 3.02Schedule III, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is Aames Capital Corporation, its successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the related Mortgage, including the CompanyAames Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyAames Capital Corporation;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Am1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx Mac, FHLMC and each such title insurance policy is issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.02Subsection 8.02, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 Company is Seller, its successor and assigns, are the sole insured 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 CompanySeller, 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 CompanySeller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to 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 and each such title insurance policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, is issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac us and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its us and our successors and assigns, as to the second 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)Note, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jr) of this Section 3.02Section, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the 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 Company is We and our successor and assigns, are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policypolicy and, and no neither us nor, to the best of our knowledge, any other prior holder of the related Mortgage, including the Company, 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 Company;Seller.

Appears in 1 contract

Samples: Master Participation and Servicing Agreement (Provident Financial Group Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of or insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx Mac, FHLMC and each such title insurance policy is issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second 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)Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.02Subsection 8.02, and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment 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 Company is Seller, its successor and assigns, are the sole insured 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 CompanySeller, 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 Company;Seller.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Flagstar Capital Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (Loan, and, with respect to ARM Mortgage Loans, against any loss by reason of the invalidity or to unenforceability of the extent that a lien resulting from the provisions of the Mortgage Note provides providing for negative amortization, adjustment in the maximum amount of negative amortization in accordance with the Mortgage)Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.027. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 CompanySeller;

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (ia) an attorney’s '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 FNMA or (iib) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or in Pool A, and as to the extent that 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 (1), (2) Permitted Exceptions and (3) of paragraph (j) of this Section 3.02. Where required against any loss by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier reason of the required mortgage title insuranceinvalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment. 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 Company is Where required by state law or regulation, the sole insured Obligor has been given the opportunity to choose the carrier of such lender’s 's title insurance policy. Seller, its successors and assigns are the sole insureds of such lender's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementLoan to the Buyer. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Loan Purchase Agreement (Westmark Group Holdings Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC, issued by a title insurer acceptable to Fxxxxx Mae FNMA or Fxxxxxx Mac FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second first priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a an ARM Mortgage Note Loan provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.028. Where required by state 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 Company Such Seller is the sole insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the Companysuch 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 Companysuch Seller;

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second priority lien First 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 (1i), (2ii), (iii) and (3iv) of paragraph (j) of this Section 3.024.02. 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 Company Seller is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 CompanySeller;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title 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 lender’s 's title insurance policy or other generally acceptable form of to FNMA, or (iii) an abbreviated title insurance policy of as described in the Manual and each such title insurance acceptable to Fxxxxx Mxx or Fxxxxxx Mac, policy is issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac FNMA and is qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, 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 that a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (jh) of this Section 3.027.02, 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. AdditionallySeller, such lender’s title insurance policy affirmatively insures ingress its successors and egressassigns, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is are the sole insured insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreementeffect. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, 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 Company;Seller.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement (Austin Funding Com Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to 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 of insurance acceptable to Fxxxxx Mxx Xxxxxx Xxx or Fxxxxxx Xxxxxxx Mac, issued by a title insurer acceptable to Fxxxxx Xxxxxx Mae or Fxxxxxx Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Company, its successors and assigns, as to the second first priority lien lien, as applicable, of the Mortgage and, with respect to ARM Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, in each case, 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)Loan, 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 Company is the sole insured of such lender’s title insurance policy, and such lender’s title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder of the Mortgage, including the Company, 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 Company;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA a limited ---------------- liability lender’s 's title insurance policy or other generally acceptable form of policy of insurance acceptable for loans similar to Fxxxxx Mxx or Fxxxxxx Mac, the Mortgage Loans issued by a title insurer acceptable to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the CompanySeller, its successors and assigns, as to the second priority of its lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent that a Mortgage Note provides for negative amortizationLoan, the maximum amount of negative amortization in accordance with the Mortgage), and subject only to the exceptions contained in clauses (1), (2), (3) and (34) of paragraph (j) of this Section 3.02above. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. AdditionallyImmediately prior to the sale of the Mortgage Loan to the Buyer under the terms of this Agreement, such lender’s title insurance policy affirmatively insures ingress the Seller, its successors and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Company is assigns were the sole insured insureds of such lender’s 's title insurance policy, and such . Such lender’s 's title insurance policy is in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder of the Mortgage, including the CompanySeller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy including without limitationpolicy. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person persons or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Master Repurchase Agreement (Preferred Credit Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!