Transfer of Mortgage Loans; Assignment of Agreement. The Depositor has the right to assign its interest under this Agreement to the Trustee as may be required to effect the purposes of the Pooling and Servicing Agreement, without further notice to, or consent of, the Unaffiliated Seller, and the Trustee shall succeed to such of the rights and obligations of the Depositor hereunder as shall be so assigned. The Depositor shall, pursuant to the Pooling and Servicing Agreement, assign all of its right, title and interest in and to the Mortgage Loans and its right to exercise the remedies created by this Section 2.04 and Section 3.05 hereof to the Trustee for the benefit of the Certificateholders. The Unaffiliated Seller agrees that, upon such assignment to the Trustee, such representations, warranties, agreements and covenants will run to and be for the benefit of the Trustee and the Trustee may enforce diligently, without joinder of the Depositor, the repurchase obligations of the Unaffiliated Seller set forth herein with respect to breaches of such representations, warranties, agreements and covenants.
Appears in 2 contracts
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)
Transfer of Mortgage Loans; Assignment of Agreement. The Depositor has the right to assign its interest under this Agreement to the Trustee as may be required to effect the purposes of the Pooling and Servicing Agreement, without further notice to, or consent of, the Unaffiliated Seller, and the Trustee shall succeed to such of the rights and obligations of the Depositor hereunder as shall be so assigned. The Depositor shall, pursuant to the Pooling and Servicing Agreement, assign all of its right, title and interest in and to the Mortgage Loans and its right to exercise the remedies created by this Section 2.04 2.05 and Section 3.05 hereof to the Trustee for the benefit of the Certificateholders. The Unaffiliated Seller agrees that, upon such assignment to the Trustee, such representations, warranties, agreements and covenants will run to and be for the benefit of the Trustee and the Trustee may enforce diligently, without joinder of the Depositor, the repurchase obligations of the Unaffiliated Seller set forth herein with respect to breaches of such representations, warranties, agreements and covenants.
Appears in 1 contract
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)
Transfer of Mortgage Loans; Assignment of Agreement. The Depositor has the right to assign its interest under this Agreement to the Trustee as may be required to effect the purposes of the Pooling and Servicing Agreement, without further notice to, or consent of, the Unaffiliated Seller, and the Trustee shall succeed to such of the rights and obligations of the Depositor hereunder as shall be so assigned. The Depositor shall, pursuant to the Pooling and Servicing Agreement, assign all of its right, title and interest in and to the Mortgage Purchased Loans and its the other Purchased Assets and the Unaffiliated Seller's right to exercise the remedies created by this Section 2.04 and Section 3.05 hereof 4 of the Loan Sale Agreement, together with all other rights relating to the foregoing, to the Trustee for the benefit of the CertificateholdersHolders of the Certificates. The Unaffiliated Seller agrees that, upon such assignment to the Trustee, such representations, warranties, agreements all rights of the Depositor with respect to the Purchased Loans and covenants the other Purchased Assets and the Unaffiliated Seller's right to exercise the remedies created by Section 4 of the Loan Sale Agreement will run to and be for the benefit of the Trustee and the Trustee may enforce diligently, without joinder of the Depositor, the repurchase obligations of the Unaffiliated Seller set forth herein with respect to breaches any and all of such representations, warranties, agreements and covenantsrights.
Appears in 1 contract
Samples: Unaffiliated Seller's Agreement (Cs First Boston Mortgage Securities Corp /De/)