Collection Practices; Escrow Deposits; Interest Rate Adjustments. The origination and collection practices used by Seller Parties and the related Servicer with respect to each Mortgage Note and Mortgage have been in all respects legal, proper, prudent and customary in the mortgage origination and servicing industry and are in compliance with all Requirements of Law applicable to similar or the same type of Underlying Mortgage Loans. The Underlying Mortgage Loan has been serviced by such Servicer and any predecessor servicer in accordance with the terms of the Mortgage Note. With respect to escrow deposits and Escrow Payments, if any, all such payments are in the possession of, or under the control of, such Servicer and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. No escrow deposits or Escrow Payments or other charges or payments due any Seller Party or such Servicer have been capitalized under any Mortgage or the related Mortgage Note and no such escrow deposits or Escrow Payments are being held by any Seller Party or such Servicer for any work on a Mortgaged Property which has not been completed. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state and local law has been properly paid and credited;
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Collection Practices; Escrow Deposits; Interest Rate Adjustments. The origination and collection practices used by Seller Parties the originator, each servicer of the Loan and the related Servicer Seller with respect to each Mortgage Note the Loan have been in all material respects in compliance with Accepted Servicing Practices, applicable laws and Mortgage regulations, and have been in all respects legal, legal and proper, prudent and customary in the mortgage origination and servicing industry and are in compliance with all Requirements of Law applicable to similar or the same type of Underlying Mortgage Loans. The Underlying Mortgage Loan has been serviced by such Servicer and any predecessor servicer in accordance with the terms of the Mortgage Note. With respect to escrow deposits and Escrow Payments, if anyPayments (other than with respect to each Loan which is indicated by the Seller to be a Second Lien Loan and for which the mortgagee under the First Lien is collecting Escrow Payments (as reflected on the Loan Schedule), all such payments are in the possession of, or under the control of, such Servicer the Seller and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due any the Seller Party or such Servicer have been capitalized under any the Mortgage or the related Mortgage Note and no such escrow deposits or Escrow Payments are being held by any Seller Party or such Servicer for any work on a Mortgaged Property which has not been completedNote. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state state, federal and local law has been properly paid and credited;.
Appears in 1 contract
Sources: Master Repurchase Agreement (American Home Mortgage Investment Corp)
Collection Practices; Escrow Deposits; Interest Rate Adjustments. The origination and collection practices used by Seller Parties the originator, each servicer of the Loan and the related Servicer Seller with respect to each Mortgage Note the Loan have been in all material respects in compliance with Accepted Servicing Practices, applicable laws and Mortgage regulations, and have been in all respects legal, legal and proper, prudent and customary in the mortgage origination and servicing industry and are in compliance with all Requirements of Law applicable to similar or the same type of Underlying Mortgage Loans. The Underlying Mortgage Loan has been serviced by such Servicer and any predecessor servicer in accordance with the terms of the Mortgage Note. With respect to escrow deposits and Escrow Payments, if anyPayments (other than with respect to each Loan which is indicated by the Seller to be a Second Lien Loan and for which the mortgagee under the First Lien is collecting Escrow Payments (as reflected on the Loan Schedule)), all such payments are in the possession of, or under the control of, such Servicer the Seller and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due any the Seller Party or such Servicer have been capitalized under any the Mortgage or the related Mortgage Note and no such escrow deposits or Escrow Payments are being held by any Seller Party or such Servicer for any work on a Mortgaged Property which has not been completedNote. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state state, federal and local law has been properly paid and credited;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Aames Investment Corp)
Collection Practices; Escrow Deposits; Interest Rate Adjustments. The origination and collection practices used by Seller Parties the originator, each servicer of the Loan and the related Servicer any Loan Originator with respect to each Mortgage Note the Loan have been in all respects in compliance with applicable laws and Mortgage regulations and in all material respects in compliance with Accepted Servicing Practices, and have been in all respects legal, proper, prudent and customary in the mortgage origination and servicing industry and are in compliance with all Requirements of Law applicable to similar or the same type of Underlying Mortgage Loans. The Underlying Mortgage Loan has been serviced by such Servicer and any predecessor servicer in accordance with the terms of the Mortgage Note. With respect to escrow deposits and Escrow Payments, if anyPayments (other than with respect to each Loan which is indicated by the Loan Originators to be a Second Lien Loan and for which the mortgagee under the First Lien Loan is collecting Escrow Payments (as reflected on the Loan Schedule), all such payments are in the possession of, or under the control of, such Servicer the Loan Originators and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due any Seller Party or such Servicer the Loan Originators have been capitalized under any the Mortgage or the related Mortgage Note and no such escrow deposits or Escrow Payments are being held by any Seller Party or such Servicer for any work on a Mortgaged Property which has not been completedPromissory Note. All Mortgage Loan Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Promissory Note. Any interest required to be paid pursuant to state state, federal and local law has been properly paid and credited;.
Appears in 1 contract
Collection Practices; Escrow Deposits; Interest Rate Adjustments. The origination and collection practices used by the originator, each servicer of the Mortgage Loan and Seller Parties and the related Servicer with respect to each the Mortgage Note and Mortgage Loan have been in all respects legal, proper, prudent and customary in the mortgage origination and servicing industry and are in compliance with Accepted Servicing Practices, applicable laws and regulations, and have been in all Requirements of Law applicable to similar or the same type of Underlying Mortgage Loans. The Underlying Mortgage Loan has been serviced by such Servicer respects legal and any predecessor servicer in accordance with the terms of the Mortgage Noteproper. With respect to escrow deposits and Escrow Payments, if any, (other than with respect to each Second Lien Mortgage Loan and for which the mortgagee under the first lien mortgage loan on the related Mortgaged Property is collecting Escrow Payments) all such payments are in the possession of, or under the control of, such Seller or Servicer and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law. An escrow of funds is not prohibited by applicable law and if an escrow deposit has been established, it has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due any Seller Party or such Servicer have been capitalized under any the Mortgage or the related Mortgage Note and no such escrow deposits or Escrow Payments are being held by any Seller Party or such Servicer for any work on a Mortgaged Property which has not been completedNote. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state state, federal and local law has been properly paid and credited;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Korth Direct Mortgage Inc.)
Collection Practices; Escrow Deposits; Interest Rate Adjustments. The origination and collection practices used by the originator, each servicer of the Loan and Seller Parties and the related Servicer with respect to each Mortgage Note and Mortgage the Loan have been in all material respects legal, proper, prudent and customary in the mortgage origination and servicing industry and are in compliance with Accepted Servicing Practices, applicable laws and regulations, and have been in all Requirements of Law applicable to similar or the same type of Underlying Mortgage Loans. The Underlying Mortgage Loan has been serviced by such Servicer material respects legal and any predecessor servicer in accordance with the terms of the Mortgage Noteproper. With respect to escrow deposits and Escrow Payments, if anyPayments (other than with respect to each Loan which is indicated by Seller to be an Alabama Second Lien Loan and for which the mortgagee under the First Lien is collecting Escrow Payments (as reflected on the Asset Schedule), all such payments are in the possession of, or under the control of, such Servicer Seller and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law. An escrow of funds is not prohibited by applicable law, has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due any Seller Party or such Servicer have been capitalized under any the Mortgage or the related Mortgage Note and no such escrow deposits or Escrow Payments are being held by any Seller Party or such Servicer for any work on a Mortgaged Property which has not been completedNote. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state state, federal and local law has been properly paid and credited;.
(p) Paragraph (bbb) of Schedule 1 (Representations and Warranties with respect to Loans) to the Agreement is hereby amended and restated in its entirety to read as follows:
Appears in 1 contract
Sources: Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)