Common use of Covenants of the Seller Clause in Contracts

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 35 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2007-2), Mortgage Loan Purchase Agreement (HarborView 2006-10), Mortgage Loan Purchase Agreement (HarborView 2006-14)

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Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the Master Servicer of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 29 contracts

Samples: Pooling and Servicing Agreement (Harborview 2006-6), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-8), Pooling and Servicing Agreement (Provident Funding Mortgage Loan Trust 2005-1)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 21 contracts

Samples: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L4), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 21 contracts

Samples: Distribution Instructions (C-Bass Mortgage Loan Trust 2007-Cb3), Mortgage Loan Purchase Agreement (C-Bass 2007-Cb5 Trust), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the Master Servicer of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 19 contracts

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2004-2), Pooling and Servicing Agreement (Thornburg Mortgage Securities Corp)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 18 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Distribution Instructions (Citigroup Mortgage Loan Trust Inc)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller or the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 18 contracts

Samples: Pooling and Servicing Agreement (Option One Mortgage Acceptance Loan Trust 2004-2), Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2003-6), Pooling and Servicing Agreement (Option One Mortgage Acceptance Corp Ass Back Cert Ser 2000 4)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 18 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Mortgage Loan Trust 2004-1), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Harborview Mort Ln Tr 03 3)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2006-L1), Pooling and Servicing Agreement (Financial Asset Secs Corp First Franklin Mort Ln Tr 2002-Ff4), Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Ser 2003-1)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (ABFC C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb2), Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Series 2006-Cb4)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Home Loan, or any interest therein; it . The Seller will notify the TrusteeIndenture Trustee in writing, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any Mortgage Home Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustIssuer, as assignee of the Purchaser, in, to and under the Mortgage Loans, Home Loans against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoproceedings.

Appears in 12 contracts

Samples: Loan Purchase Agreement (Home Loan Trust 2007-Hi1), Loan Purchase Agreement (Home Loan Trust 2006-Hi4), Home Loan Purchase Agreement (Home Loan Trust 2006-Hi1)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Home Equity Loan, or any interest therein, except with respect to any Excluded Amount; it the Seller will notify the TrusteeIssuer, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any Mortgage Home Equity Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustIssuer, as assignee of the Purchaser, in, to and under the Mortgage Loans, Home Equity Loans against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoProceedings.

Appears in 11 contracts

Samples: Equity Loan Purchase Agreement (Home Equity Loan Trust 2006-Hsa4), Loan Purchase Agreement (Home Equity Loan Trust 2007-Hsa1), Equity Loan Purchase Agreement (Home Equity Loan Trust 2006-Hsa3)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Home Loan, or any interest therein; it . The Seller will notify the Indenture Trustee, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any Mortgage Home Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustIssuer, as assignee of the Purchaser, in, to and under the Mortgage Loans, Home Loans against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoproceedings.

Appears in 8 contracts

Samples: Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Home Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the TrusteeTrust, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 7 contracts

Samples: Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2005-1), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2007-4), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2006-1)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the Servicer of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc MRT Ln Ps Th CRT Sr 01 Frb1)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, the Insurer and the Indenture Trustee of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the Trust, as assignee of Trust and the Purchaser, Indenture Trustee in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and or other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2), Mortgage Loan Purchase Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1), Mortgage Loan Purchase Agreement (Indymac Abs Inc)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunderto the Depositor, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, however that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates Series 2005-Cb1), Pooling and Servicing Agreement (C-Bass 2006-Cb2 Trust), Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Cert Se 03 Cb6)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-Cb8), Pooling and Servicing Agreement (Asset Backed Funding Corp)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Home Equity Loan, or any interest therein; it the Seller will notify the TrusteeIssuer, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any Mortgage Home Equity Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustIssuer, as assignee of the Purchaser, in, to and under the Mortgage Loans, Home Equity Loans against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoproceedings.

Appears in 4 contracts

Samples: Home Equity Loan Purchase Agreement (MSCC HELOC Trust 2007-1), Equity Loan Purchase Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Equity Loan Purchase Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Revolving Credit Loan, or any interest therein, except with respect to any Excluded Amount; it the Seller will notify the TrusteeIssuer, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any Mortgage Revolving Credit Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustIssuer, as assignee of the Purchaser, in, to and under the Mortgage Loans, Revolving Credit Loans against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoproceedings.

Appears in 3 contracts

Samples: Credit Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Credit Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Credit Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Purchase Agreement (Cwabs Inc), Purchase Agreement (Cwabs Inc), Purchase Agreement (Cwabs Inc)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, the Insurer and the Owner Trustee of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the Trust, as assignee of Trust and the Purchaser, Indenture Trustee in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and or other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Mortgage Loan Purchase Agreement (First Horizon Asset Sec HELOC Notes Ser 2007-He1), Mortgage Loan Purchase Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunderto the Depositor, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, however that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust), Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust), Pooling and Servicing Agreement (Bond Securitization LLC)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.07 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans Properties any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5), Custodial Agreement (Gs Mortgage Securities Corp)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Solomon Mortgage Ln Tr Ser 2002-Cb3 C-Bass MRT Ln as BCK Cer), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc C-Bass Mortgage Loan Asset-Backed Certificates, Series 2004-Cb7), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Cb3)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it will defend the right, title and interest of the Trust, as assignee of the PurchaserPurchaser and its assigns, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2007-1), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2007-2), Mortgage Loan Purchase Agreement (Structured Asset Mortgage Investments Ii Inc)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustTrust Fund, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (First Union Residential Securitization Transactions Inc), Mortgage Loan Purchase Agreement (First Union Residential Securitization Transactions Inc), Loan Purchase Agreement (First Union Residential Securitization Transactions Inc)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans Properties any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Distribution Instructions (Citigroup Mortgage Loan Trust, Series 2005-Cb8, C-Bass Mortgage Loan Asset-Backed Certificates), Distribution Instructions (Citigroup Mortgage Loan Trust Inc)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 2.08 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunderto the Depositor, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, however that nothing in this Section 4.01 2.07 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust), Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, Depositor of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-5), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunderhereunder and as of any Subsequent Transfer Date, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will , except with respect to any Excluded Amount. The Seller shall notify the TrusteeIssuer (in the case of the Initial Mortgage Loans, as assignee of the Purchaser), of the existence of any Lien (other than as provided above) on any Mortgage Loan immediately upon discovery thereof; and it will the Seller shall defend the right, title and interest of the TrustIssuer (in the case of the Initial Mortgage Loans, as assignee of the Purchaser, ) in, to and under the Mortgage Loans, Loans against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoProceedings.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc), Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, the Certificate Insurer and the Master Servicer of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2005-Ar5), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar6)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Cb3), Pooling and Servicing Agreement (Solomon Mortgage Ln Tr Ser 2002-Cb3 C-Bass MRT Ln as BCK Cer)

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Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Home Loan, or any interest therein; it . The Seller will notify the Indenture Trustee, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any Mortgage Home Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the TrustIssuer, as assignee of the Purchaser, in, to and under the Mortgage Loans, Home Loans against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoproceedings.

Appears in 2 contracts

Samples: Home Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.07 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans Properties any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Custodial Agreement (GSAMP Trust 2006-He2), Custodial Agreement (SABR LLC Trust 2006-Cb1)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Ser 2000-2), Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2000-1)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

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

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, Depositor of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Pooling Agreement (Morgan Stanley Abs Capital I Inc Trust Series 2004-Sd1), Pooling Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; thereof and it will defend the right, title and interest of the Trust, as an assignee of the Purchaser, Purchaser and the Trustee in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Mortgage Loan Purchase Agreement (Dsla 2006-Ar2)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the TrusteeIssuer, as assignee of the Purchaser, Purchaser and the Indenture Trustee as an assignee of the Issuer of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it will defend the right, title and interest of the Trust, as assignee of the PurchaserPurchaser and its assigns, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 2 contracts

Samples: Sasco Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2007-1), Mortgage Loan Purchase Agreement (Structured Asset Mortgage Investments Ii Inc)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the related Servicer of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor and the Certificate Insurer, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling Agreement (Harborview Mortgage Loan Trust 2006-1)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any [Contract] [Mortgage Loan], whether now existing or hereafter created, or any interest therein; it the Seller will notify the TrusteeTrust, as assignee of the Purchaser, of the existence of any Lien (other than as provided above) on any [Contract] [Mortgage Loan Loan] immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the [Contracts] [Mortgage Loans], whether now existing or hereafter created, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 4.1 shall prevent or be deemed to prohibit the Seller from suffering apply to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect theretoproceedings.

Appears in 1 contract

Samples: Loan Purchase Agreement (Homepride Mortgage Finance Corp)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the Certificate Administrator of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (C Bass Mortgage Loan Asset Backed Certs Ser 2002 Cb1)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the Trustee, as assignee of the Purchaser, Indenture Trustee of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it will defend the right, title and interest of the Trust, as assignee of Trust and the Purchaser, Indenture Trustee in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the TrusteePurchaser[, as assignee of the Purchaser, Insurer] and the [Owner] Trustee of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the Trust, as assignee of Trust and the Purchaser, [Indenture] Trustee in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and or other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Fleet Home Equity Loan Corp)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Home Loan, or any interest therein; it the Seller will notify the Indenture Trustee, as assignee of the Purchaser's assignee, of the existence of any Lien lien on any Mortgage Home Loan immediately upon discovery thereof; and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Home Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Home Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Loan Purchase Agreement (Bear Stearns Asset Backed Securities Inc)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, incur or assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the Trustee, as assignee of the Purchaser, and the Certificate Insurer of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; and it will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Luminent Mortgage Trust 2006-2)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the Guarantor of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it will notify the Trustee, as assignee of the Purchaser, Trustee of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; thereof and it will defend the right, title and interest of the Trust, as assignee of Trust and the Purchaser, Trustee in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (MortgageIT Mortgage Loan Trust 2006-1)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Indenture Trustee, as assignee of the Purchaser, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Originator or the Seller; provided, however, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Originator or the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Originator or the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Accept Corp Asset Backed Cer Ser 2002-4)

Covenants of the Seller. The Seller hereby covenants that, except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, and the Servicer of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the TrustTrustee, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Funding Mortgage Pass-Through Cert Series 2003-1)

Covenants of the Seller. (a) The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the PurchaserDepositor, of the existence of any Lien lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the PurchaserDepositor, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; provided, however, that nothing in this Section 4.01 2.09 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.. Back to Contents

Appears in 1 contract

Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb6)

Covenants of the Seller. The Seller hereby covenants that, that except for the transfer hereunder, it the Seller will not sell, pledge, assign or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on any Mortgage Loan, or any interest therein; it the Seller will notify the Trustee, as assignee of the Purchaser, of the existence of any Lien on any Mortgage Loan immediately upon discovery thereof; , and it the Seller will defend the right, title and interest of the Trust, as assignee of the Purchaser, in, to and under the Mortgage Loans, against all claims of third parties claiming through or under the Seller; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.01 shall prevent or be deemed to prohibit the Seller from suffering to exist upon any of the Mortgage Loans any Liens for municipal or other local taxes and other governmental charges if such taxes or governmental charges shall not at the time be due and payable or if the Seller shall currently be contesting the validity thereof in good faith by appropriate proceedings and shall have set aside on its books adequate reserves with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Finan as Sec Cp SDVW Hm Eq Ln Tr 2001-2 as Bk Cer Ser 2001-2)

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