Customary Provisions. The related Mortgage contains customary and enforceable provisions that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 35 contracts
Samples: Recognition Agreement (Bear Stearns ALT-A Trust 2006-1), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated as a deed of trust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 22 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1), Indenture (Sequoia Mortgage Funding Corp), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Br5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc2)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed Deed of trustTrust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;and
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Trust 2005-2)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated as a deed of trust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;.
Appears in 3 contracts
Samples: Servicing Agreement, Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that which render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property mortgaged property of the benefits of the security provided therebysecurity, including, (ai) in the case of a if such Mortgage is designated as a deed of trust, by trustee's sale, sale and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 3 contracts
Samples: Credit and Security Agreement (Cityscape Financial Corp), Pledge Agreement (Emergent Group Inc), Revolving Credit and Security Agreement (Cityscape Financial Corp)
Customary Provisions. The related Mortgage contains customary and enforceable (subject to bankruptcy laws and general principles of equity) provisions that with respect to mortgage loans similar to the Mortgage Loans such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 2 contracts
Samples: www.sec.gov, Master Mortgage Loan Sale Agreement (Altisource Residential Corp)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that which render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided therebysecurity, including, (ai) in the case of a if such Mortgage is designated as a deed of trust, by trustee's sale, sale and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Cityscape Financial Corp), Loan and Security Agreement (Cityscape Financial Corp)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed of trust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;and
Appears in 1 contract
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;and
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (GSAA Home Equity Trust 2006-16)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed of trust, by trustee's sale, ’s sale and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated denominated as a deed of trust, by trustee's sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;judicial
Appears in 1 contract
Samples: Mortgage Loan Sale Agreement (Prudential Securities Secured Financing Corp)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the principal rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the principal benefits of the security intended to be provided thereby, includingincluding realization by judicial or, (a) in if applicable and permitted under local law, non-judicial foreclosure, subject to the case effects of a Mortgage designated as a deed bankruptcy or similar law affecting the right of trust, by trustee's salecreditors and the application of principles of equity, and (b) in there is no exemption available to the case of a Mortgage, otherwise by judicial foreclosureMortgagor which would interfere with such right to foreclose;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Bear Stearns Commercial Mortgage Securities Inc)
Customary Provisions. The related Note and the related Mortgage contains contain customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the practical realization against the related Mortgaged Property of the benefits of the security provided therebysecurity, including, (a) in the case of a Mortgage designated as a deed of trustbut not limited to, by trustee's salejudicial or, and (b) in the case of a Mortgageif applicable, otherwise by judicial nonjudicial foreclosure;.
Appears in 1 contract
Samples: Whole Loan Origination Facility Agreement (Criimi Mae Inc)
