Common use of Hazard Insurance Clause in Contracts

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 30 contracts

Samples: Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-5)

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Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Xxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Xxxxxx Xxx Guides or by the Fxxxxxx Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx Xxxxxx Xxx and Fxxxxxx Xxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Xxxxxx Mae Guides or the Fxxxxxx Xxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 18 contracts

Samples: Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-7), Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originatorobligated party or borrower, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 17 contracts

Samples: Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-4), Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer generally acceptable under the Fxxxxx Mae Guides, to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are provided for required in the Fxxxxx Mxx Xxxxxx Mae Guides or by as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Fxxxxxx Mac Guides, requirements of Customary Servicing Procedures and providing coverage in an amount representing coverage not less than equal to the lesser of (i) the maximum full insurable value of the improvements securing such Mortgage Loans and Mortgaged Property or (ii) the greater of (a) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan Loan, its successors and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurerassigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required flood hazard map or flood insurance rate map issued by the FDPAFederal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming is in effect which policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesrequirements of Xxxxxx Xxx. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor, any subservicer or any other Personprior servicer having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageSeller.

Appears in 11 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1), Pooling and Servicing Agreement (Jpmac 2007-Ch1), Pooling and Servicing Agreement (Jpmac 2007-Ch2)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddie Mac, as well as all additional requiremxxxx xex xorth in an amount representing coverage not less than the lesser of (i) the maximum insurable value Section 2.10 of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the projectServicing Agreement. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx Freddie Mac, as well as all additional requirements set xxxxx ix Xection 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and Fxxxxxx Mac requirementsits successors and assigns as mortgagee, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesand all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from txx Xxxxxxgor. Where required by state law or regulation, the MortgagorMortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. All such standard The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower or any other Personand has no knowledge of the Mortgagor's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 7 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4), Pooling and Servicing Agreement (MSAC Trust 2006-He3)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the to Fxxxxx Mae Guides, and Fxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans to the Mortgaged Property and (ii) the greater of either (aA) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and (b) an the outstanding principal balance of the Second Lien Mortgage Loan; provided, however, in no event shall the amount such that of insurance be less than the proceeds thereof shall be sufficient amount necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property. All such insurance policies contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map issued by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming is in effect which policy conforms to the requirements of Fxxxxx Mxx Mae and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesMac. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.;

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Opx1)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the Fxxxxx to Xxxxxx Mae Guides, and Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans to the Mortgaged Property and (ii) the greater of either (aA) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and (b) an the outstanding principal balance of the Second Lien Mortgage Loan; provided, however, in no event shall the amount such that of insurance be less than the proceeds thereof shall be sufficient amount necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property. All such insurance policies contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map issued by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesXxxxxxx Mac. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.;

Appears in 7 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar7), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar6), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He2)

Hazard Insurance. All Pursuant to the terms of the related Mortgage, the buildings or other customarily insured and improvements upon the each Mortgaged Property are insured by an insurer a Qualified Insurer pursuant to a standard, valid and existing hazard insurance policy acceptable under the Fxxxxx to Fannie Mae Guides, or Freddie Mac which policy insures against loss by firefxxx, hazards of extended xaxxxds ox xxxxxded coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, in an amount Guide representing coverage in xx xxxunt not less than the thxx xxx lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (ab) the outstanding principal balance of the related Mortgage Loan and (b) Loan, but in no event an amount such less than an amount that the proceeds thereof shall be sufficient is required to prevent the Mortgagor and/or the Mortgagee from becoming being deemed to be a co-insurerinsurer thereunder. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy in a form meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming (which policy conforms to Fxxxxx Mxx and Fxxxxxx Fannie Mae or Freddie Mac requirements, ) is in effect with respecx xx xuch Mortxxxxx Xroperty with a Qualified Insurer in an amount representing coverage not less than the least of (a) the outstanding Stated Principal Balance of the Mortgage Loan, (b) the maximum insurable value of the improvements securing such Mortgage Loan or (c) the maximum amount required by of insurance that is available under federal law. All individual insurance policies contain a standard mortgagee clause naming the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides Seller or the Fxxxxxx Mac Guides. The original holder of the Mortgage, and its successors in interest, as loss payee, and all of the premiums due and payable thereon have been paid; the Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Neither the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on (nor any such policies have been paid in full. No originator, seller, prior owner originator or servicer of any of the Mortgage Loan, borrower or Loans) nor any other Person, Mortgagor has engaged in any act or omission that which has impaired or would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either. All such insurance policies contain a standard mortgagee clause naming Seller, its successors and assigns as loss payee and contain a clause that the insurer will notify the named mortgagee at least thirty (30) days prior to any reduction in coverage or cancellation of the policy. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 7 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the Fxxxxx Mae Guides, to Xxxxxx Xxx and Xxxxxxx Mac and to lending institutions against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than pursuant to insurance policies conforming to the lesser of (i) the maximum insurable value requirements of the improvements securing Servicing Addendum. All such Mortgage Loans insurance policies are in full force and (ii) effect and contain a standard mortgagee clause naming the greater of (a) the outstanding principal balance of the Mortgage Loan Seller, its successors and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurerassigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map issued by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesXxxxxxx Mac. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other PersonSubservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, including without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 6 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Investors Trust, Series 2006-A2), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)

Hazard Insurance. All buildings or other customarily insured improvements upon the The Mortgaged Property are is insured by an insurer acceptable under the Fxxxxx Mae Guidesa fire and extended perils insurance policy, against loss issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or area where the Mortgaged Property is located, and to the extent required by the Fxxxxxx Mac GuidesBorrower as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) either (A) the outstanding principal balance of the Mortgage Loan with respect to each First Lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the First Lien Mortgage Loan and the outstanding principal balance of the Second Lien Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the lesser least of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a1) the outstanding principal balance of the Mortgage Loan Loan, (2) the full insurable value of the Mortgaged Property, and (b3) an the maximum amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included of insurance available under the coverage afforded by Flood Disaster Protection Act of 1973, as amended. All such insurance policies (collectively, the "hazard insurance policy") contain a blanket policy for standard mortgagee clause naming the projectBorrower, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and may not be reduced, terminated or canceled without 30 days' prior written notice to the mortgagee. If required No such notice has been received by the FDPA, the Mortgage Loan is covered by a flood Borrower. All premiums due and owing on such insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guideshave been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance and, at the Mortgagor's cost and expense, and upon the such Mortgagor's failure to do so, authorizes the holder of the Mortgage mortgagee to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the such Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer and is in full force and effect effect. The Borrower has not engaged in, and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage LoanMortgagor's having engaged in, borrower or any other Person, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageBorrower.

Appears in 6 contracts

Samples: Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Financial Corp/De)

Hazard Insurance. All Pursuant to the terms of the related Mortgage, the buildings or other customarily insured and improvements upon the each Mortgaged Property are insured by an insurer a Qualified Insurer pursuant to a standard, valid and existing hazard insurance policy acceptable under the Fxxxxx to Fannie Mae Guides, or Freddie Mac which policy insures against loss by firefixx, hazards xxzxxxs of extended xxxxxxed coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, in an amount Guide representing coverage in ax xxxxnt not less than the lesser thax xxx xesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (ab) the outstanding principal balance of the related Mortgage Loan and (b) Loan, but in no event an amount such less than an amount that the proceeds thereof shall be sufficient is required to prevent the Mortgagor and/or the Mortgagee from becoming being deemed to be a co-insurerinsurer thereunder. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy in a form meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming (which policy conforms to Fxxxxx Mxx and Fxxxxxx Fannie Mae or Freddie Mac requirements, ) is in effect with respect xx xxch Mortgxxxx Xxoperty with a Qualified Insurer in an amount representing coverage not less than the least of (a) the outstanding Stated Principal Balance of the Mortgage Loan, (b) the maximum insurable value of the improvements securing such Mortgage Loan or (c) the maximum amount required by of insurance that is available under federal law. All individual insurance policies contain a standard mortgagee clause naming the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides Seller or the Fxxxxxx Mac Guides. The original holder of the Mortgage, and its successors in interest, as loss payee, and all of the premiums due and payable thereon have been paid; the Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Neither the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on (nor any such policies have been paid in full. No originator, seller, prior owner originator or servicer of any of the Mortgage Loan, borrower or Loans) nor any other Person, Mortgagor has engaged in any act or omission that which has impaired or would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either. All such insurance policies contain a standard mortgagee clause naming Seller, its successors and assigns as loss payee and contain a clause that the insurer will notify the named mortgagee at least thirty (30) days prior to any reduction in coverage or cancellation of the policy. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 5 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)

Hazard Insurance. (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Mortgage Loan are insured by an insurer acceptable under the to Fxxxxx Mae Guides, Mxx or Fxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where such Mortgaged Property is located, pursuant to insurance policies conforming to the Fxxxxxx Mac Guidesrequirements of Section 5.10. All such insurance policies contain a standard mortgagee clause naming the originator of such Mortgage Loan, in an amount representing coverage not less than its successors and assigns, as mortgagee. Such policies are the lesser of (i) the maximum insurable value valid and binding obligations of the improvements securing insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage Loans to maintain such insurance at such Mortgagor’s cost and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an amount such individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Mortgage File a certificate of insurance showing that the proceeds thereof shall individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller’s interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the “master” policy and would be sufficient acceptable pursuant to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If Fxxxxx Mae Guide or Fxxxxxx Mac Servicing Guide; if required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx Mae and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.;

Appears in 5 contracts

Samples: Servicing Agreement (Sequoia Mortgage Trust 2011-1), Servicing Agreement (Sequoia Mortgage Trust 2012-1), Servicing Agreement (Sequoia Mortgage Trust 2012-3)

Hazard Insurance. (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Mortgage Loan are insured by an insurer acceptable under the Fxxxxx Mae Guides, to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing area where such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitlocated, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of the current guidelines either Section 5.10 or Section 5.11 of the Federal Insurance Administration PHH Agreement. All such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the originator of such Mortgage Loan, its successors and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsassigns, in an amount not less than the amount required by the FDPAas mortgagee. Such policy was issued by an insurer acceptable under policies are the Fxxxxx Mae Guides or valid and binding obligations of the Fxxxxxx Mac Guidesinsurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the such Mortgagor's ’s cost and expense, and upon the on such Mortgagor's ’s failure to do so, authorizes the holder of the such Mortgage to maintain such insurance at the such Mortgagor's ’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagorcase of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Seller/Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. All such standard hazard and flood policies are in full force and effect and on the date of origination contained The insurance policy contains a standard mortgagee clause naming the Seller originator of such Mortgage Loan (and its successors in interest and assigns assigns), as loss payee; such clause is still in effect insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums due on any such policies thereon have been paid in fullpaid. No originatorThe insurance policy provides for advance notice to the Seller/Servicer if the policy is canceled or not renewed, selleror if any other change that adversely affects the Seller/Servicer’s interests is made; the certificate includes the types and amounts of coverage provided, prior owner describes any endorsements that are part of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that “master” policy and would impair be acceptable pursuant to the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.FNMA Guide;

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-1), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3)

Hazard Insurance. All Pursuant to the terms of the related Mortgage, the buildings or other customarily insured and improvements upon the each Mortgaged Property are insured by an insurer a Qualified Insurer pursuant to a standard, valid and existing hazard insurance policy acceptable under the Fxxxxx Mae Guides, to Xxxxxx Xxx or Xxxxxxx Mac which policy insures against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Xxxxxx Mae Guides or by the Fxxxxxx Xxxxxxx Mac Guides, Guide representing coverage in an amount representing coverage not less than the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (ab) the outstanding principal balance of the related Mortgage Loan and (b) Loan, but in no event an amount such less than an amount that the proceeds thereof shall be sufficient is required to prevent the Mortgagor and/or the Mortgagee from becoming being deemed to be a co-insurerinsurer thereunder. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy in a form meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming (which policy conforms to Fxxxxx Mxx and Fxxxxxx Xxxxxx Mae or Xxxxxxx Mac requirements, ) is in effect with respect to such Mortgaged Property with a Qualified Insurer in an amount representing coverage not less than the least of (a) the outstanding Stated Principal Balance of the Mortgage Loan, (b) the maximum insurable value of the improvements securing such Mortgage Loan or (c) the maximum amount required by of insurance that is available under federal law. All individual insurance policies contain a standard mortgagee clause naming the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides Seller or the Fxxxxxx Mac Guides. The original holder of the Mortgage, and its successors in interest, as loss payee, and all of the premiums due and payable thereon have been paid; the Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Neither the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on (nor any such policies have been paid in full. No originator, seller, prior owner originator or servicer of any of the Mortgage Loan, borrower or Loans) nor any other Person, Mortgagor has engaged in any act or omission that which has impaired or would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either. All such insurance policies contain a standard mortgagee clause naming Seller, its successors and assigns as loss payee and contain a clause that the insurer will notify the named mortgagee at least thirty (30) days prior to any reduction in coverage or cancellation of the policy. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 4 contracts

Samples: Assignment and Conveyance Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, in an amount representing coverage not less than the lesser which is at least equax xx xhx xesser of (i) the maximum txx xxxxmum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Freddie Mac requirements, in an amount representing coverage not less than xxxx xhx xesser xx (x) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides or National Flood Insurance Act of 1968, as amended (regardless of whether the Fxxxxxx Mac Guidesarea in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Responsible Party has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Responsible Party;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pa Th Ce Se 2002-He), Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, as in effect with a generally acceptable insurance carrier rated A:VI or better in Best’s in an amount not less than representing coverage equal to the lesser of (i) the minimum amount required by the FDPA. Such policy was issued by an insurer acceptable required, under the Fxxxxx Mae Guides terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the Fxxxxxx Mac Guidesunpaid balance of the mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming either Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage Loan, borrower or any other Person, has Trust upon the consummation of the transactions contemplated by this Agreement. The Sellers and the Originator have not engaged in and have no knowledge of the Mortgagor’s or Servicer’s having engaged in, any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted realized by the Sellers or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Originator;

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Trust 2005-2)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or by Underwriting Guidelines, and are customary in the Fxxxxxx Mac Guidesarea where the Mortgaged Property is situated, in an amount representing coverage not less than which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming as in effect which policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, the Underwriting Guidelines in an amount representing coverage not less than the lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides or National Flood Insurance Act of 1968, as amended (regardless of whether the Fxxxxxx Mac Guidesarea in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc3), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Xxxxxx Mae Guides or by the Fxxxxxx Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loans, and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, is in effect which policy is in an amount not less than the amount required by the FDPAFlood Disaster Protection Act of 1973, as amended, conforms to Xxxxxx Mae and Xxxxxxx Mac and is insured by a Qualified Insurer. Such policy was issued by an insurer acceptable under All individual insurance policies contain a standard mortgagee clause naming the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesServicer and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the Servicer has engaged in, and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage Loan, borrower Mortgagor’s or any other Personservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any . No unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted realized by the Seller or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Servicer;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1), Distribution Instructions (MASTR Asset Backed Securities Trust 2005-Nc2), Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He5)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, in an amount representing coverage not less than the lesser which is at least equax xx xhx xesser of (i) the maximum txx xxxxmum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Freddie Mac requirements, in an amount representing coverage not less than xxxx xhx xesser xx (x) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides or National Flood Insurance Act of 1968, as amended (regardless of whether the Fxxxxxx Mac Guidesarea in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1), Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea), Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1)

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are provided Lender may require, and in such amounts and for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guidessuch periods as Lender may require; provided, in an amount representing coverage that Lender shall not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such require that the proceeds amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid timely when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be sufficient in a form acceptable to prevent Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the Mortgagor and/or right to hold the Mortgagee from becoming a co-insurerpolicies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the Borrower directing the insurance company to apply insurance proceeds to the sums secured by this Mortgage by such outstanding sums directly to Lender, with the excess, if any, paid to Borrower. If the Mortgaged Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a condominium unitclaim for insurance benefits, it Lender is included under authorized to collect and apply the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements proceeds at Lender’s option either to restoration or repair of the current guidelines of Property or to the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required sums secured by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coveragethis Mortgage.

Appears in 3 contracts

Samples: legistarweb-production.s3.amazonaws.com, legistarweb-production.s3.amazonaws.com, legistarweb-production.s3.amazonaws.com

Hazard Insurance. All buildings or other customarily insured improvements upon Mortgagor shall keep the Mortgaged Property are and any and all alterations, rebuilding, replacements and additions thereto, insured for the benefit of Mortgagee pursuant to policies which shall include coverage of not less than coverage encompassed by an insurer acceptable under the Fxxxxx Mae GuidesSpecial Property Form (All Risk), against loss all in formats reasonably approved by fire, hazards of extended coverage Mortgagee and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than equivalent to one hundred percent (100%) of the lesser of (i) the maximum full insurable value thereof with such insurance to provide for the full replacement cost excluding the footings and foundations below the lower basement floor undersurface, or if there is no basement, that surface which is below ground level; without deduction for depreciation. All policies shall also include an “agreed amount endorsement if applicable to the construction phase.” Such insurance shall not contain any clause which would result in the insured thereunder being required to carry insurance with respect to the property covered thereby in an amount equal to the minimum specific percentage of the improvements securing full replacement cost of such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient property in order to prevent the Mortgagor and/or the Mortgagee insured therein named from becoming a co-insurerinsurer of any loss under such policy. All insurance herein provided for shall cite Mortgagee as a first mortgagee/loss payee and shall be obtained by Mortgagor (notwithstanding the procurement of other insurance policies by other persons or parties and relating to the Mortgaged Property) and carried in companies reasonably approved by or reasonably satisfactory to Mortgagee. Notwithstanding the foregoing, Mortgagor shall have the right of free choice in the selection of the agent or insurer through or by which the insurance required hereunder is to be placed; provided, however, said insurer must be authorized to write such insurance in the State of Connecticut, must have a licensed resident agent in this State and must have, at all times while this Mortgage is in effect, a general policyholder’s rating of A-, A or A+ in Best’s latest rating guide. All policies, including additional and renewal policies, shall contain, to the extent available, an agreement by the insurer that such policy shall not be modified or cancelled without at least thirty (30) days prior written notice to Mortgagee, and all renewal policies, marked premium paid, shall also be delivered to Mortgagee at least thirty (30) days before the expiration thereof. All policies, including additional and renewal policies, shall be payable, in case of loss or damage, to Mortgagee as the first mortgagee, and shall contain the standard mortgage endorsement and non-contributing mortgagee clause as well as standard waiver of subrogation endorsement, and waiver of other endorsements, as Mortgagee may reasonably require from time to time, all to be in form reasonably acceptable to Mortgagee and shall be supplied to Mortgagee together with a paid receipted bxxx for a minimum of a one year premium. If Mortgagee shall in any manner acquire title to the Mortgaged Property, it shall thereupon become the sole and absolute owner of all insurance policies held by or required hereunder to be delivered to Mortgagee, with the sole right to collect and retain all unearned premiums and dividends. In the event of any loss, Mortgagor will give immediate notice thereof to Mortgagee. Mortgagor hereby authorizes Mortgagee, at its option, and is hereby constituted and appointed the true and lawful attorney-in-fact of Mortgagor, in the name and stead of Mortgagor, but in the uncontrolled discretion of said attorney, to collect, adjust and compromise any losses under any of the insurance policies, to endorse Mortgagor’s name on any document or instrument in payment of any insured loss and, after deducting the costs of collection, to apply the proceeds, at Mortgagee’s sole option, as follows: (i) as a credit upon the indebtedness secured hereby, whether or not the same shall be then due and payable, or (ii) to repairing or restoring the Mortgaged Property is or any part thereof, in which event, Mortgagee shall not be obligated to see to the proper application thereof, nor shall the amount so released or used be deemed a condominium unit, it is included under payment on any Indebtedness as secured hereby. The Mortgagee reserves the right to increase the amount of any insurance coverage afforded by a blanket policy for the project. If required hereunder to an amount deemed reasonably necessary by the FDPA, Mortgagee in accordance with the Mortgage Loan is covered by a flood insurance policy meeting the then customary requirements of institutional mortgagees of similar properties in similar areas as the current guidelines Premises and to reasonably approve the form and content of all insurance policies evidencing such coverage. Any failure on the part of the Federal Insurance Administration and conforming Mortgagee to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount secure physical evidence of any insurance required herein shall not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates relieve the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageresponsibilities hereunder.

Appears in 2 contracts

Samples: Mortgage Deed and Security Agreement (Belpointe PREP, LLC), Belpointe PREP, LLC

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. This obligation shall be deemed satisfied so long as the Condominium Association or Fractional Association maintains “master” or “blanket” policies for liability and casualty insurance in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower or the Condominium Association or Fractional Association subject to approval by Lender; provided, however, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides manner provided under paragraph 2 hereof, or, if not paid in such manner, by Borrower or by the Fxxxxxx Mac GuidesCondominium Association or Fractional Association making payment, in an amount representing coverage not less than when due, directly to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans insurance carrier. All insurance policies and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds renewals thereof shall be sufficient in a form acceptable to prevent Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower shall give Lender prompt notice of any lapse in hazard insurance coverage. In the Mortgagor and/or event of loss, Borrower shall give prompt notice to the Mortgagee from becoming a co-insurerinsurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Mortgaged Borrower has a right to vote in the Condominium Association or Fractional Association in connection with a decision regarding restoration, Borrower shall notify Lender of the vote and shall vote as directed by Lender or deliver a proxy or power of attorney to Lender for such vote, at Lenders’s election. Without limiting the generality of the foregoing, Borrower shall not vote to terminate the condominium (whether in connection with a casualty or otherwise) without Lender’s prior written consent. In the event the Property is not restored, Lender shall have a condominium unit, it is included under right to accelerate the coverage afforded by a blanket policy for indebtedness. Pursuant to the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements terms of the current guidelines Project Documents, insurance proceeds shall be applied to restoration or repair of the Federal Insurance Administration and conforming Property damaged, whether to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides unit or the Fxxxxxx Mac Guidescommon elements. The Mortgage obligates To the Mortgagor thereunder to maintain all extent such insurance at proceeds exceed the Mortgagor's cost of such restoration or repair and expense, and upon the Mortgagor's failure to do so, authorizes the holder Board of Directors of the Mortgage Condominium Association or Fractional Association decides to maintain disburse such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originatorexcess, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause Borrower’s share of such failure excess shall be applied to the sums secured by this Deed of coverage.Trust, with the excess, if any, paid to Borrower. 440722v2 Borrower Initials

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such First NLC Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the First NLC Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each First NLC Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, as in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount not less than representing coverage equal to the lesser of (i) the minimum amount required by the FDPA. Such policy was issued by an insurer acceptable required, under the Fxxxxx Mae Guides terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the Fxxxxxx Mac Guidesunpaid balance of the mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming First NLC and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on Where required by state law or regulation, the date of origination contained a standard mortgagee clause naming Mortgagor has been given an opportunity to choose the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner carrier of the Mortgage Loanrequired hazard insurance, borrower provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any other Person, has engaged in any act or omission that would impair hazard insurance policy covering the coverage common facilities of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.a planned unit development;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)

Hazard Insurance. All buildings Borrower(s) shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or by the Fxxxxxx Mac GuidesCondominium Association making payment, in an amount representing coverage not less than when due, directly to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans insurance carrier. All insurance policies and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds renewals thereof shall be sufficient in a form acceptable to prevent Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the Mortgagor and/or event of loss, Borrower(s) shall give prompt notice to the Mortgagee from becoming a co-insurerinsurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Declaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or postpone the due date of the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such installments. If under Paragraph 18 hereof the Mortgaged Property is a condominium unitacquired by Lender, it is included under all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the coverage afforded by a blanket policy for Property prior to the project. If required by sale or acquisition shall pass to Lender to the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration and conforming sums secured by this Mortgage immediately prior to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides such sale or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All buildings Borrower(s) shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided for that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or by the Fxxxxxx Mac GuidesCondominium Association making payment, in an amount representing coverage not less than when due, directly to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans insurance carrier. All insurance policies and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds renewals thereof shall be sufficient in a form acceptable to prevent Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the Mortgagor and/or event of loss, Borrower(s) shall give prompt notice to the Mortgagee from becoming a co-insurerinsurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Declaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or postpone the due date of the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such installments. If under Paragraph 18 hereof the Mortgaged Property is a condominium unitacquired by Lender, it is included under all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the coverage afforded by a blanket policy for Property prior to the project. If required by sale or acquisition shall pass to Lender to the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration and conforming sums secured by this Mortgage immediately prior to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides such sale or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If area where the Mortgaged Property is a condominium unitlocated pursuant to insurance policies conforming to the requirements of Fannie Mae and Freddie Mac, it is included under as well as all additional requirements set xxxxx in Sectiox 0.00 of the coverage afforded by a blanket policy for the projectInterim Servicing Agreement. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx Freddie Mac, as well as all additional requirements set xxxxx in Sectiox 0.00 of the Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and Fxxxxxx Mac requirementsits successors and assigns as mortgagee, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesand all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner Purchaser upon the consummation of the purchase of the Mortgage LoanLoan as contemplated by this Agreement. As of the Securitization Closing Date, borrower or any other Personthe Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in in, any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customarily insured against in the Fxxxxx Mxx Guides or by broad form of extended coverage hazard insurance available for properties in the Fxxxxxx Mac Guides, area where the Mortgaged Property is located in an amount representing coverage not less than the lesser least of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (btogether, in the case of a subordinate lien Mortgage Loan, with the outstanding principal balance of the senior mortgage(s), (ii) an the minimum amount such that required to compensate for damage or loss on a replacement cost basis or (iii) the proceeds thereof shall full insurable value of the Mortgaged Property, but in any event in no greater amount as may be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurerallowed by applicable law. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded Federal Register by a blanket policy for the project. If Federal Emergency Management Agency as having special flood hazards (and such flood insurance was required by the FDPAfederal regulation and such flood insurance has been made available), the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, is in effect in an amount not less than the least of (I) the outstanding principal balance of the Mortgage Loan (together, in the case of a subordinate lien Mortgage Loan, with the outstanding principal balance of the senior mortgage(s), (II) the minimum amount required by to compensate for damage or loss on a replacement cost basis or (III) the FDPA. Such policy was issued by an insurer acceptable maximum amount of insurance that is available under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesFlood Disaster Protection Act of 1973. All individual insurance policies contain a standard mortgagee loss payable clause and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. Each insurance policy required hereunder is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Purchaser upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the sale of the Mortgage LoanLoan to Purchaser pursuant to this Agreement. Seller has not engaged in, borrower or any other Personand has no knowledge of the Mortgagor's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision payment, retention, or receipt realization of any unlawful fee, commission, kickback, or other unlawful compensation or value of any kind. No actionkind to or by any attorney, inactionfirm or other person or entity, or event has occurred and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coveragerealized by Seller.

Appears in 2 contracts

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

Hazard Insurance. All buildings or other customarily insured improvements upon the The Mortgaged Property are is insured by an insurer a fire and extended perils insurance policy, issued by a generally acceptable under the Fxxxxx Mae Guidesinsurance carrier, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or area where the Mortgaged Property is located, and to the extent required by a Trust Subsidiary as of the Fxxxxxx Mac Guidesdate of acquisition, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the lesser of (i) 100% of the insurable value and (ii) the outstanding principal balance of the Mortgage Loan. If any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is reasonably available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the lesser least of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a1) the outstanding principal balance of the Mortgage Loan (2) the full insurable value of the Mortgaged Property, and (b3) an the maximum amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included of insurance available under the coverage afforded by a blanket policy for the project. If required National Flood Insurance Act of 1968, as amended by the FDPAFlood Disaster Protection Act of 1974. All such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the applicable Trust Subsidiary, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan is covered Loan), as mortgagee, and may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by a flood such Trust Subsidiary. All premiums that have become due on such insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guideshave been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance and, at the such Mortgagor's cost and expense, and upon the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the such Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer and is in full force and effect effect. Neither Seller nor any Trust Subsidiary has engaged in, and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage LoanMortgagor’s having engaged in, borrower or any other Person, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted realized by Seller or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageTrust Subsidiary.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Altisource Residential Corp), Master Repurchase Agreement (Altisource Residential Corp)

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. This obligation shall be deemed satisfied so long as the Condominium and Resort Owners Associations maintain a “master” or “blanket” policies for liability and casualty insurance in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower or the Condominium or Resort Owners Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides manner provided under paragraph 2 hereof, or, if not paid in such manner, by Borrower or by the Fxxxxxx Mac GuidesCondominium or Resort Owners Association making payment, in an amount representing coverage not less than when due, directly to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans insurance carrier. All insurance policies and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds renewals thereof shall be sufficient in a form acceptable to prevent Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower shall give Lender prompt notice of any lapse in hazard insurance coverage. In the Mortgagor and/or event of loss, Borrower shall give prompt notice to the Mortgagee from becoming a co-insurerinsurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Pursuant to the terms of the Project Documents timeshare declarations, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium or Resort Owners Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not exceed or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Mortgaged Property is a condominium unitacquired by Lender, it is included under all right, title and interest of Borrower in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the coverage afforded by a blanket policy for Property prior to the project. If required by sale or acquisition shall pass to Lender to the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines sums secured by this Deed of the Federal Insurance Administration and conforming Trust immediately prior to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides such sale or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All Since the Property consists, in part, of an interest in a unit in a condominium project, as well as an interest in a vacation ownership program, the Condominium Association and/or the Association will typically maintain a hazard insurance policy which covers all buildings and other improvements that now are or other customarily insured improvements upon in the Mortgaged Property are insured by an insurer acceptable under future will be located in the Fxxxxx Mae Guidesproject or in the Unit, against covering loss or damage caused by fire, hazards of extended coverage normally covered by special form insurance policies and such other hazards hazards. Such a policy may be referred to as the “master policy.” So long as the master policy remains in effect and satisfies the requirements stated in this Paragraph D, you are provided for not required to obtain and maintain separate hazard insurance on the Property. In the event that the Condominium Association or the Association does not maintain a master policy covering the Condominium or property in the Fxxxxx Mxx Guides Condominium and in the Unit, or such master policy, in the Holder’s reasonable opinion, is not sufficient to adequately protect Holder’s security interest in the Property, the Holder shall have the right to require you to obtain and maintain hazard insurance to cover the Property in the amounts and for the periods of time required by the Fxxxxxx Mac GuidesHolder. In the event that the insurance policy you obtain contains provisions, in known as “co-insurance requirements,” that limit the insurance company’s obligation to pay claims if the amount of coverage is too low, the Holder may require you to obtain an amount representing of coverage not less than up to the lesser larger of the following two amounts: (i1) the maximum insurable value of amount that you owe to the improvements securing such Mortgage Loans Holder under the Note and under this Mortgage; or (ii2) the greater amount necessary to satisfy the co-insurance requirements. All insurance which you are required to obtain shall be carried with companies selected by you, which companies shall be authorized to do business in the State of Hawaii, and the Holder may require that the policies and renewals thereof be held by the Holder and have attached thereto loss payable clauses in favor of and in form acceptable to the Holder. You will pay the premiums on the insurance policies by paying the insurance company directly when the premium payments are due. If the Holder requires, you will promptly give the Holder all receipts of paid premiums and all renewal notices that you receive. If there is a loss or damage to the Property, you will promptly notify the Association, the Condominium Association and the Holder, if a master policy is obtained and maintained for the Condominium and/or the Club, or the insurance company and the Holder if you are required to obtain the insurance coverage. If you do not promptly prove to the insurance company that the loss or damage occurred, then the Holder may do so. The amount paid by the insurance company is called “proceeds.” The proceeds from any insurance obtained by the Association, the Condominium Association or you must be used to repair or to restore the damaged property unless: (a) it is not economically possible to make the outstanding principal balance of the Mortgage Loan and repairs or restoration; or (b) an amount such that the use of the proceeds thereof shall be sufficient for that purpose would lessen the protection given to prevent the Mortgagor and/or Holder by this Mortgage; or (c) the Mortgagee from becoming a co-insurerHolder and you have agreed in writing not to use the proceeds for that purpose. If the Mortgaged repair or restoration is not economically possible or if it would lessen the Holder’s protection under this Mortgage, then the proceeds applicable to the Property is will be used to reduce the amount that you owe to the Holder under the Note and under this Mortgage. In addition, since a condominium unitportion of the Property consists of an interest in a Unit in the Condominium and Club, it is included possible that proceeds under the coverage afforded by a blanket master policy for will be paid to you instead of being used to repair or to restore the projectdamaged property. You give the Holder your rights to those proceeds, which will be paid to the Holder, and will be used to reduce the amount that you owe to the Holder under the Note and under this Mortgage. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements any of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than proceeds remain after the amount required by that you owe to the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have Holder has been paid in full, the remaining proceeds will be paid to you. No originatorThe use of proceeds to reduce the amount that you owe to the Holder will not be a prepayment that is subject to the prepayment charge provisions, sellerif any, prior owner under the Note or this Mortgage. If you abandon the Property, or if you do not answer, within thirty (30) days, a notice from the Holder stating that the insurance company has offered to settle a claim for insurance benefits, then the Holder has the authority to collect the proceeds. The Holder may then use the proceeds to repair or restore the damaged property or to reduce the amount that you owe to the Holder under the Note and under this Mortgage. The thirty (30) day period will begin on the date the notice is mailed or, if it is not mailed, on the date the notice is delivered. If any proceeds are used to reduce the amount of Principal which you owe to the Holder under the Note, that use will not delay the due date or change the amount of any of your monthly payments under the Note and under Paragraph A of this Section V. You and the Holder may, however, agree in writing to those delays or changes. If the Holder acquires the Property under Paragraph P of this Section V, all of your rights in the insurance policies will belong to the Holder. Also, all of your rights in any proceeds which are paid because of damage that occurred before the Property is acquired by the Holder or sold will belong to the Holder. The Holder’s rights in those proceeds will not, however, be greater than the amount that you owe to the Holder under the Note and under this Mortgage immediately before the Property is acquired by the Holder or sold. If there is a conflict concerning the use of proceeds between the terms of this Paragraph D and the law or the terms of the Mortgage LoanCondominium Documents and/or the Program Documents, borrower or any other Person, has engaged in any act or omission then that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, law or the validity and binding effect terms of either, including, without limitation, those documents will govern the provision use of proceeds. You will promptly give the Holder notice if the master policy or receipt of any unlawful fee, commission, kickback, the insurance policy you obtain is interrupted or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageterminated.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All buildings or other customarily insured improvements upon the The Mortgaged Property are is insured by an insurer acceptable under the Fxxxxx Mae Guidesa fire and extended perils insurance policy, against loss issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or area where the Mortgaged Property is located, and to the extent required by the Fxxxxxx Mac GuidesBorrower as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) either (A) the outstanding principal balance of the Mortgage Loan with respect to each First Lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the First Lien Mortgage Loan and the outstanding principal balance of the Second Lien Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the lesser least of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a1) the outstanding principal balance of the Mortgage Loan Loan, (2) the full insurable value of the Mortgaged Property, and (b3) an the maximum amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included of insurance available under the coverage afforded by Flood Disaster Protection Act of 1973, as amended. All such insurance policies (collectively, the “hazard insurance policy”) contain a blanket policy for standard mortgagee clause naming the projectBorrower, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. If required No such notice has been received by the FDPA, the Mortgage Loan is covered by a flood Borrower. All premiums due and owing on such insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guideshave been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance and, at the such Mortgagor's cost and expense, and upon the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the such Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer and is in full force and effect effect. The Borrower has not engaged in, and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage LoanMortgagor’s having engaged in, borrower or any other Person, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageBorrower.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Fannie Mae Guides, Guides against loss by fire, hazards of extended coverage and such coverxxx xxd xxch other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddie Mac, in an amount representing coverage not less than which is at leaxx xxxal to the lesser of ox (ix) the xhe maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mac, with a generally acceptable insurance xxxxxer acceptxxxx xxder the Fannie Mae Guides in an amount representing coverage not less than thax xxx lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. None of the Seller, borrower the Mortgagor or any other Person, has servicer have engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)

Hazard Insurance. All Pursuant to the terms of the related Mortgage, the buildings or other customarily insured and improvements upon the each Mortgaged Property are insured by an insurer a Qualified Insurer pursuant to a standard, valid and existing hazard insurance policy acceptable under the to Fxxxxx Mae Guides, Mxx or Fxxxxxx Mac which policy insures against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Mae Guides or by the Fxxxxxx Mac Guides, Guide representing coverage in an amount representing coverage not less than the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (ab) the outstanding principal balance of the related Mortgage Loan and (b) Loan, but in no event an amount such less than an amount that the proceeds thereof shall be sufficient is required to prevent the Mortgagor and/or the Mortgagee from becoming being deemed to be a co-insurerinsurer thereunder. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy in a form meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming (which policy conforms to Fxxxxx Mxx and Mae or Fxxxxxx Mac requirements, ) is in effect with respect to such Mortgaged Property with a Qualified Insurer in an amount representing coverage not less than the least of (a) the outstanding Stated Principal Balance of the Mortgage Loan, (b) the maximum insurable value of the improvements securing such Mortgage Loan or (c) the maximum amount required by of insurance that is available under federal law. All individual insurance policies contain a standard mortgagee clause naming the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides Seller or the Fxxxxxx Mac Guides. The original holder of the Mortgage, and its successors in interest, as loss payee, and all of the premiums due and payable thereon have been paid; the Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Neither the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on (nor any such policies have been paid in full. No originator, seller, prior owner originator or servicer of any of the Mortgage Loan, borrower or Loans) nor any other Person, Mortgagor has engaged in any act or omission that which has impaired or would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either. All such insurance policies contain a standard mortgagee clause naming Seller, its successors and assigns as loss payee and contain a clause that the insurer will notify the named mortgagee at least thirty (30) days prior to any reduction in coverage or cancellation of the policy. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)

Hazard Insurance. All Since the Property consists, in part, of an interest in a unit in a condominium project, as well as an interest in a vacation ownership program, the Condominium Association and/or the Vacation Owners Association will typically maintain a hazard insurance policy which covers all buildings and other improvements that now are or other customarily insured improvements upon in the Mortgaged Property are insured by an insurer acceptable under future will be located in the Fxxxxx Mae Guidesproject or in the Unit, against covering loss or damage caused by fire, hazards of extended coverage normally covered by special form insurance policies and such other hazards hazards. Such a policy may be referred to as the “master policy.” So long as the master policy remains in effect and satisfies the requirements stated in this Paragraph D, you are provided for not required to obtain and maintain separate hazard insurance on the Property. In the event that the Condominium Association or the Vacation Owners Association does not maintain a master policy covering the Condominium or property in the Fxxxxx Mxx Guides Condominium and in the Unit, or such master policy, in the Holder’s reasonable opinion, is not sufficient to adequately protect Holder’s security interest in the Property, the Holder shall have the right to require you to obtain and maintain hazard insurance to cover the Property in the amounts and for the periods of time required by the Fxxxxxx Mac GuidesHolder. In the event that the insurance policy you obtain contains provisions, in known as “co-insurance requirements,” that limit the insurance company’s obligation to pay claims if the amount of coverage is too low, the Holder may require you to obtain an amount representing of coverage not less than up to the lesser larger of the following two amounts: (i1) the maximum insurable value of amount that you owe to the improvements securing such Mortgage Loans Holder under the Note and under this Mortgage; or (ii2) the greater amount necessary to satisfy the co-insurance requirements. All insurance which you are required to obtain shall be carried with companies selected by you, which companies shall be authorized to do business in the State of Hawaii, and the Holder may require that the policies and renewals thereof be held by the Holder and have attached thereto loss payable clauses in favor of and in form acceptable to the Holder. You will pay the premiums on the insurance policies by paying the insurance company directly when the premium payments are due. If the Holder requires, you will promptly give the Holder all receipts of paid premiums and all renewal notices that you receive. If there is a loss or damage to the Property, you will promptly notify the Vacation Owners Association, the Condominium Association and the Holder, if a master policy is obtained and maintained for the Condominium and/or the Program, or the insurance company and the Holder if you are required to obtain the insurance coverage. If you do not promptly prove to the insurance company that the loss or damage occurred, then the Holder may do so. The amount paid by the insurance company is called “proceeds.” The proceeds from any insurance obtained by the Vacation Owners Association, the Condominium Association or you must be used to repair or to restore the damaged property unless: (a) it is not economically possible to make the outstanding principal balance of the Mortgage Loan and repairs or restoration; or (b) an amount such that the use of the proceeds thereof shall be sufficient for that purpose would lessen the protection given to prevent the Mortgagor and/or Holder by this Mortgage; or (c) the Mortgagee from becoming a co-insurerHolder and you have agreed in writing not to use the proceeds for that purpose. If the Mortgaged repair or restoration is not economically possible or if it would lessen the Holder’s protection under this Mortgage, then the proceeds applicable to the Property is will be used to reduce the amount that you owe to the Holder under the Note and under this Mortgage. In addition, since a condominium unitportion of the Property consists of an interest in a Unit in the Condominium and Program, it is included possible that proceeds under the coverage afforded by a blanket master policy for will be paid to you instead of being used to repair or to restore the projectdamaged property. You give the Holder your rights to those proceeds, which will be paid to the Holder, and will be used to reduce the amount that you owe to the Holder under the Note and under this Mortgage. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements any of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than proceeds remain after the amount required by that you owe to the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have Holder has been paid in full, the remaining proceeds will be paid to you. No originatorThe use of proceeds to reduce the amount that you owe to the Holder will not be a prepayment that is subject to the prepayment charge provisions, sellerif any, prior owner under the Note or this Mortgage. 515811-3 03.18.10 5 «CFID» Printed: 9/29/2011 12:33:38 PM (kn.mort.yz.) v06072010 Loan «LOANID» If you abandon the Property, or if you do not answer, within thirty (30) days, a notice from the Holder stating that the insurance company has offered to settle a claim for insurance benefits, then the Holder has the authority to collect the proceeds. The Holder may then use the proceeds to repair or restore the damaged property or to reduce the amount that you owe to the Holder under the Note and under this Mortgage. The thirty (30) day period will begin on the date the notice is mailed or, if it is not mailed, on the date the notice is delivered. If any proceeds are used to reduce the amount of Principal which you owe to the Holder under the Note, that use will not delay the due date or change the amount of any of your monthly payments under the Note and under Paragraph A of this Section V. You and the Holder may, however, agree in writing to those delays or changes. If the Holder acquires the Property under Paragraph P of this Section V, all of your rights in the insurance policies will belong to the Holder. Also, all of your rights in any proceeds which are paid because of damage that occurred before the Property is acquired by the Holder or sold will belong to the Holder. The Holder’s rights in those proceeds will not, however, be greater than the amount that you owe to the Holder under the Note and under this Mortgage immediately before the Property is acquired by the Holder or sold. If there is a conflict concerning the use of proceeds between the terms of this Paragraph D and the law or the terms of the Mortgage LoanCondominium Documents and/or the Program Documents, borrower or any other Person, has engaged in any act or omission then that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, law or the validity and binding effect terms of either, including, without limitation, those documents will govern the provision use of proceeds. You will promptly give the Holder notice if the master policy or receipt of any unlawful fee, commission, kickback, the insurance policy you obtain is interrupted or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageterminated.

Appears in 2 contracts

Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Pledge and Security Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily insured improvements upon hereafter erected on the Mortgaged Property are Premises insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Association maintains a “master” or “blanket” policies for liability and casualty insurance in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower or the Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower or by the Fxxxxxx Mac GuidesAssociation making payment, in an amount representing coverage not less than when due, directly to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans insurance carrier. All insurance policies and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds renewals thereof shall be sufficient in a form acceptable to prevent Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower shall give Lender prompt notice of any lapse in hazard insurance coverage. In the Mortgagor and/or event of loss, Borrower shall give prompt notice to the Mortgagee from becoming a co-insurerinsurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Pursuant to the terms of the Condominium Documents, insurance proceeds shall be applied to restoration or repair of the property damaged, whether to the Unit or the Common Elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not exceed or postpone the due date of the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such installments. If under Paragraph 18 hereof the Mortgaged Property Premises is a condominium unitacquired by Lender, it is included under all right, title and interest of Borrower in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the coverage afforded by a blanket policy for Mortgaged Premises prior to the project. If required by sale or acquisition shall pass to Lender to the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration and conforming sums secured by this Mortgage immediately prior to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides such sale or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 2 contracts

Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Pledge and Security Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greater of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an Loan, but in any event at least equal to the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Xxxxxx Mae and Xxxxxxx Mac; provided, however, that in no event shall the amount of such insurance be greater than the maximum amount allowed under applicable law. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the Mortgage Loantransactions contemplated by this Agreement. Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personsubservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.realized by Seller;

Appears in 2 contracts

Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all ---------------- buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under rated A:VI or better in the Fxxxxx Mae Guides, current Best's Key Rating Guide ("Best's") against loss by fire, hazards of extended coverage and ------ such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac Guides, Mortgaged Property is located pursuant to insurance policies in an amount representing coverage not less than which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) sum of the outstanding principal balance of the Mortgage Loan and the outstanding principal balance of the First Lien and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-co- insurer. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded Federal Register by a blanket policy for the project. If Federal Emergency Management Agency as having special flood hazards (and such flood insurance was required by the FDPA, the Mortgage Loan is covered by federal regulation and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, is in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount not less than representing coverage equal to the lesser of (i) the minimum amount required by the FDPA. Such policy was issued by an insurer acceptable required, under the Fxxxxx Mae Guides terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the Fxxxxxx Mac Guidesunpaid balance of the mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, borrower or any other Personand has no knowledge of the Mortgagor's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by an attorney, firm or event has occurred other person or entity and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Company;

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Preferred Credit Corp)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If area where the Mortgaged Property is a condominium unit, it is included under located pursuant to insurance policies conforming to the coverage afforded by a blanket policy for the projectrequirements of Xxxxxx Xxx or Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming is in effect which policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPArequirements of Xxxxxx Mae or Xxxxxxx Mac. Such policy was issued by flood insurance shall be with an insurer acceptable under the Fxxxxx Xxxxxx Mae Guides or the Fxxxxxx Xxxxxxx Mac Guides. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personsubservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, including without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

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

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage” and such other hazards as are Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Xxxxxx provided for that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides or manner provided under Section 3 hereof or, if not paid in such manner, by Borrower making payment when due directly to the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans insurance carrier. All insurance policies and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds renewals thereof shall be sufficient in form acceptable to prevent and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Subject to the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements rights of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage Senior Debt Lender shall have the right to maintain hold the policies and renewals thereof, and Borrower shall promptly furnish to the Lender all renewal notices and all receipts of paid premiums. In the event of a loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Xxxxxxxx. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be treated as if received from a sale of the Property, or of that part of the Property damaged and shall be applied, in the manner described in Section 13 herein below to the sums secured by this Deed of Trust. If the Property is abandoned by Xxxxxxxx, or if Xxxxxxxx fails to respond to Lender within thirty (30) days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender’s option either to restoration or repair of the Mortgagor's cost Property or to the sums secured by this Deed of Trust. Unless Lender and expense Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in Sections 2, 3, and 6 hereof or change the amount of such installments. If under Section 22 hereof the Property is acquired by Lender, all rights, title, and interest of Borrower in and to seek reimbursement therefor any insurance policies and in and to the proceeds thereof resulting from damage to the Mortgagor. All such standard hazard and flood policies are in full force and effect and on Property prior to the date of origination contained a standard mortgagee clause naming sale acquisition shall pass to Lender to the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner extent of the Mortgage Loan, borrower sums secured by this Deed of Trust immediately prior to such sale or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 1 contract

Samples: www.karuk.us

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides Fanxxx Xxe Xxides or by the Fxxxxxx Mac Guides, Frexxxx Xxc in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loans, and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, is in effect which policy is in an amount not less than the amount required by the FDPAFlood Disaster Protection Act of 1973, as amended, conforms to Fanxxx Xxe xxd Frexxxx Xxc and is insured by a Qualified Insurer. Such policy was issued by an insurer acceptable under All individual insurance policies contain a standard mortgagee clause naming the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesServicer and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the Servicer has engaged in, and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage Loan, borrower Mortgagor’s or any other Personservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any . No unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted realized by the Seller or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Servicer;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He2)

Hazard Insurance. All For each Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under to the Fxxxxx Mae Guides, Buyer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located, as are provided for by Xxxxxx Xxx or by Xxxxxxx Mac, as well as all additional requirements set forth in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, Underwriting Guidelines. Mortgagor has obtained coverage in an amount representing coverage not less than which is at least equal to the lesser least of the (i) the maximum full insurable value of the improvements securing such Mortgage Loans and on the Mortgaged Property, (ii) 100% of the greater replacement cost of all improvements to the Mortgaged Property, or (aiii) the outstanding principal balance of the Mortgage Loan and (b) an Loan. The policy either includes provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Mortgagor has obtained the maximum amount such of insurance that is available under the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurerNational Flood Insurance Act of 1968. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to all Requirements of Law and conforming to Fxxxxx Mxx applicable insurer and Fxxxxxx Mac Takeout Investor requirements. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesand all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state Requirements of Law applicable to Seller, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the Mortgage Loantransactions contemplated by this Agreement. Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Fannie Mae Guides, Guides against loss by fire, hazards of extended coverage and such other anx xxxx xxxer hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddie Mac, in an amount representing coverage not less than which is at least equxx xx the lesser of (i) the maximum xxx xxximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mac, with a generally acceptable insurance carrixx xxxeptable uxxxx xxe Fannie Mae Guides in an amount representing coverage not less than the xxxxxx of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the Fxxxxx Mae Guides, Seller’s Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans to the Mortgaged Property and (ii) the greater of either (aA) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and (b) an the outstanding principal balance of the Second Lien Mortgage Loan; provided, however, in no event shall the amount such that of insurance be less than the proceeds thereof shall be sufficient amount necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property. All such insurance policies contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map issued by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming is in effect which policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, the requirements set forth in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesSeller’s Underwriting Guidelines. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He3)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the Fxxxxx Mae Guides, to Xxxxxx Xxx and Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or area where the Mortgaged Property is located and, as of the date of origination, consistent with the Underwriting Guidelines, against other risks insured against by Persons operating like properties in the Fxxxxxx locality of the Mortgaged Property, pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greatest of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property; (ii) the greater of either (a) the outstanding principal balance of the Mortgage Loan and with respect to each first lien Mortgage Loan or (b) an with respect to each Second Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and the outstanding principal balance of the Second Mortgage Loan; or (iii) the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property except as limited by applicable law, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines and Xxxxxx Mae and Xxxxxxx Mac requirements. If any portion of the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map by the FDPAFederal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsis in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (1) either (A) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (b) with respect to each Second Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and the outstanding principal balance of the Second Mortgage Loan,, (2) the full insurable value of the Mortgaged Property, on a replacement cost basis and (3) the maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance available under the Fxxxxx Mae Guides Flood Disaster Protection Act of 1973, as amended. Sellers shall have obtained a paid in full, life of loan, transferable flood certification contract for each Mortgage Loan and shall assign all such contracts to Buyer. All such insurance policies (collectively, the “hazard insurance policy”) conform to the requirements of Xxxxxx Xxx and Xxxxxxx Mac and contain a standard mortgagee clause naming the related Seller and its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan) as mortgagee, and may not be reduced, terminated or cancelled without thirty (30) days’ prior written notice to the Fxxxxxx Mac Guidesmortgagee. The No such notice has been received by any Seller. All premiums on such insurance policy previously coming due have been paid. Subject to applicable law, the related Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the such Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in fullconsummation of the transactions contemplated by this Agreement. No originatorSeller has engaged in, seller, prior owner and has no knowledge of the Mortgage Loan, borrower Mortgagor’s or Servicer’s or any other Personprior servicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under realized by any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Master Repurchase Agreement (Impac Mortgage Holdings Inc)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides Xxxxxx Mae guides or by Xxxxxxx Mac, as well as all additional requirements set forth in the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the projectApproved Underwriting Guidelines. If required by the FDPANational Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is LEGAL02/40558019v11 covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Xxxxxx Mae and conforming Xxxxxxx Mac, as well as all additional requirements set forth in the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without thirty (30) days’ prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the Mortgage Loantransactions contemplated by this Agreement. Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coveragerealized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged buxxxxxxs xpon txx Xxxxgaged Property are insured by an insurer a Qualified Insurer acceptable under the Fxxxxx to Fannie Mae Guides, and Freddie Mac against loss by fire, hazards of extended coverage and such extenxxx xoverage xxx xxxh other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans to the Mortgaged Property and (ii) the greater of either (aA) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and (b) an the outstanding principal balance of the Second Lien Mortgage Loan; provided, however, in no event shall the amount such that of insurance be less than the proceeds thereof shall be sufficient amount necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property. All such insurance policies contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map issued by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to the requirements of Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesFreddie Mac. The Mortgage obligates the Mortgagor thereunder thexxxxxxr to maintain all mainxxxx xxl such insurance at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.;

Appears in 1 contract

Samples: Loan Purchase and Interim Servicing Agreement (Luminent Mortgage Trust 2007-2)

Hazard Insurance. (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Cendant Mortgage Loan are insured by an insurer acceptable under the Fxxxxx Mae Guides, to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary and acceptable to FNMA and FHLMC in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing area where such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitlocated, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of Section 3.09. All such insurance policies (collectively, the current guidelines "hazard insurance policy") contain a standard mortgagee clause naming the originator of such Cendant Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the Federal Insurance Administration insurer, and conforming all premiums thereon due to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesdate have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the such Mortgagor's cost and expense, and upon the on such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to maintain such insurance at the such Mortgagor's cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagorcase of a condominium or unit in a planned unit development ("PUD") project that is not covered by an individual policy, the condominium or PUD project is covered by a "master" or "blanket" policy and there exists and is in the Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. All such standard hazard and flood policies are in full force and effect and on the date of origination contained The insurance policy contains a standard mortgagee clause naming the Seller originator of such Cendant Mortgage Loan (and its successors in interest and assigns assigns), as loss payee; such clause is still in effect insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums due on any such policies thereon have been paid in fullpaid. No originatorThe insurance policy provides for advance notice to Cendant if the policy is canceled or not renewed, selleror if any other change that adversely affects Cendant's interests is made; the certificate includes the types and amounts of coverage provided, prior owner describes any endorsements that are part of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that "master" policy and would impair be acceptable pursuant to the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.FNMA Guide;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2002-Ar13)

Hazard Insurance. All buildings or other customarily insured improvements upon on the Mortgaged Property are insured by an insurer acceptable to Fannie Mae or Freddie Mac and to prudent mortgage lending institutioxx, xxainst loxx xx xire and such hazards as are covered under the Fxxxxx Mae Guides, against loss by fire, hazards of a standard extended coverage endorsement and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, as applicable, pursuant to xxxxxance policies cxxxxxxxng to Accepted Practices, in an amount representing coverage which is not less than the lesser of (i) 100% of the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) Mortgaged Property or the outstanding principal balance of the Mortgage Loan and (b) an plus, with respect to any Second Lien Mortgage Loan, the outstanding principal balance of the related first lien mortgage loan, if any), but in no event less than the minimum amount such that the proceeds thereof shall be sufficient necessary to prevent the Mortgagor and/or the Mortgagee from becoming fully compensate for any damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is a condominium unit, it is may be included under the coverage afforded by a blanket policy for the project. If required the improvements on the Mortgaged Property are in an area identified in the Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by then a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier and conforming such policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, the requirements of Fannie Mae or Freddie Mac. Such flood insurance policy is in an amount amounx xxxresentinx xxxxrage not less than the least of (A) the outstanding principal balance of the Mortgage Loan, (B) the full insurable value of the related Mortgaged Property and (C) the maximum amount required by the FDPA. Such policy of insurance which was issued by an insurer acceptable available under the Fxxxxx Mae Guides or Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming the Fxxxxxx Mac GuidesCompany and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such a hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All Each such standard hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner Purchaser upon the consummation of the purchase of the Mortgage Loan, borrower Loans as contemplated by this Agreement. The Company has not acted or any other Person, has engaged in any failed to act or omission that would so as to impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, policy or the validity and validity, binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.enforceability thereof;

Appears in 1 contract

Samples: SunTrust Real Estate Trust, LLC

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property (other than Mortgaged Property subject to a Second Lien Loan) are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the Fxxxxx Mxx Guides applicable Agency, FHA, VA, RHS or by HUD guidelines, as well as all additional requirements set forth in the Fxxxxxx Mac Guides, in an amount representing coverage not less than Agency Guidelines or the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient Seller’s Underwriting Guidelines. With respect to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is subject to a condominium unitSecond Lien Loan, it is included under on the coverage afforded origination date such Mortgaged Property was covered by a blanket policy generally acceptable insurer against loss by fire, hazards covered by extended coverage insurance and such other hazards as are provided for in the projectapplicable Agency, FHA, VA, RHS or HUD guidelines, as well as all additional requirements set forth in the Agency Guidelines or the Seller’s Underwriting Guidelines. If required by the FDPAFlood Disaster Protection Act of 1973, the Mortgage Loan as amended, each Loanthe related Mortgaged Property is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to the applicable Agency, FHA, VA, RHS or HUD guidelines or Seller’s Underwriting Guidelines. All individual insurance policies (other than individual insurance policies relating to Second Lien Loans) contain a standard mortgagee clause naming the Seller and conforming to Fxxxxx Mxx its successors and Fxxxxxx Mac requirementsassigns as mortgagee, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesand all premiums due and owing thereon have been paid. The Mortgage (other than Mortgages related to Second Lien Loans) obligates the Mortgagor thereunder to maintain all such insurance policies at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's such Xxxxxxxxx’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer and is in full force and effect effect. Seller has not engaged in, and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage LoanMortgagor’s having engaged in, borrower or any other Person, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any to Seller’s knowledge, no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result realized by Seller, in any case, to the exclusion from, denial of, or defense to extent it would impair coverage under any such insurance policies, regardless of the cause of such failure of coveragepolicy.

Appears in 1 contract

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

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term "extended coverage coverage", and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance polices shall be paid in the Fxxxxx Mxx Guides manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. \ All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value repair of the improvements securing Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage Loans is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and (ii) apply the greater of (a) the outstanding principal balance insurance proceeds at Lender's option either to restoration or repair of the Mortgage Loan Property or to the sums secured by this Mortgage. Unless Lender and (b) an Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such that installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance polices and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall be sufficient pass to prevent Lender to the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration and conforming sums secured by this Mortgage immediately prior to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides such sale or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 1 contract

Samples: Mortgage

Hazard Insurance. All buildings Lessee shall not use, or permit said Premises, or any part thereof, to be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which may cause a cancellation of any standard form insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a standard form fire insurance policy. Lessee shall, at its sole cost and expense, comply with any and all reasonable requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. The Lessee agrees to pay to the Lessor as additional Rent, on demand, the full cost of said insurance as evidenced by insurance xxxxxxxx to the Lessor which shall be included in Lessee's monthly CAC. If said insurance xxxxxxxx cover the Premises, and Lessee does not occupy the entire Premises, the insurance premiums and deductibles shall be allocated to the portion of the Premises occupied by Lessee on a pro-rata square footage or other customarily insured improvements upon equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the Mortgaged Property are insured Commencement Date and the end of the Lease Term. Lessor and Lessee hereby waive any rights each may have against the other related to any loss or damage caused to Lessor or Lessee as the case may be, or to the Premises or its contents, and which may arise from any risk generally covered by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of fire and extended coverage insurance. The parties shall provide that their respective insurance policies insuring the property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the case may be. Lessor shall maintain in full force and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guideseffect, a policy of rental loss insurance, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient equal to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required of Rent payable by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and Lessee commencing on the date of origination contained a standard mortgagee clause naming loss during the Seller and its successors in interest and assigns next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for the full cost of said rental loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Eip Microwave Inc

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the Fxxxxx Mae Guides, to Xxxxxxx Mac and Xxxxxx Xxx against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i1) the maximum insurable value 100% of the replacement cost (as calculated by the Qualified Insurer) of all improvements securing such Mortgage Loans to the Mortgaged Property, and (ii) the greater of (a2) the outstanding principal balance of the Mortgage Loan with respect to each Loan; provided, however, in no event shall the amount of insurance be less than (x) the minimum amount necessary to fully compensate for any damage or loss on a replacement cost basis, and (by) an the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property. All such that insurance policies contain a standard mortgagee clause naming the proceeds thereof shall be sufficient to prevent Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. Where required by state law or regulation, the Mortgagor and/or has been given an opportunity to choose the Mortgagee from becoming a co-carrier of the required hazard insurance. The hazard insurance policy is the valid and binding obligation of the insurer. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, which policy conforms to the requirements of Xxxxxx Mae and conforming to Fxxxxx Mxx Xxxxxxx Mac and Fxxxxxx Mac requirements, in an amount not less than the amount required by greater of (1) lesser of (a) 100% of the FDPA. Such policy was issued by an insurer acceptable under replacement cost of all improvements to the Fxxxxx Mae Guides or Mortgaged Property and (b) the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder outstanding principal balance of the Mortgage Loan with respect to maintain each First Lien Mortgage Loan and (2) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended; provided, however, in no event shall the amount of insurance be less than the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property. Each Mortgage Loan is covered by a “life of loan” Flood Zone Service Contract which is assignable to the Buyer or its designee at no cost to the Buyer or its designee or, for each Mortgage Loan not covered by such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Flood Zone Service Contract, the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of agrees to pay the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful related fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

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

Hazard Insurance. All The Mortgaged Property and all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or required by the Fxxxxxx Mac GuidesUnderwriting Guidelines as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Accepted Servicing Practices and providing coverage in an amount representing coverage not less than equal to the lesser of (i) the maximum full insurable value of the improvements securing such Mortgage Loans and Mortgaged Property or (ii) the greater outstanding principal balance owing on the Mortgage Loan, but in no event less than the minimum amount necessary to fully compensate for any damage or loss on a replacement cost basis. All such insurance policies are the valid and binding obligation of the insurer are in full force and effect, inure to the benefit of the Buyer upon the consummation of the transactions contemplated by this Agreement and contain a standard mortgagee clause [Schedule 1 to Master Repurchase Agreement (Nomura-Angel Oak 2018)] naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is, or was at origination of the Mortgage Loan, in an area identified on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards, a flood insurance policy meeting the applicable Requirements of Law, including the current guidelines of the Federal Insurance Administration, is in effect, which policy conforms to the Underwriting Guidelines and was issued by a Qualified Insurer and provides coverage in the an amount equal to not less than the least of (ai) the outstanding principal balance of the Mortgage Loan Loan, (ii) the full insurable value of the Mortgaged Property, and (biii) an the maximum amount such of insurance that was available under applicable Requirements of Law including the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitNational Flood Insurance Act of 1968, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesas amended. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the MortgagorMortgagor and may not be canceled, reduced or terminated without 30 days’ prior notice. All such standard hazard and flood policies are in full force and effect and on If the date of origination contained Mortgaged Property is a standard mortgagee clause naming condominium unit, it is included under coverage afforded by a blanket policy for the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageproject.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If area where the Mortgaged Property is a condominium unit, it is included under located pursuant to insurance policies conforming to the coverage afforded by a blanket policy for the projectrequirements of Xxxxxx Xxx or Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming is in effect which policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPArequirements of Xxxxxx Mae or Xxxxxxx Mac. Such policy was issued by flood insurance shall be with an insurer acceptable under the Fxxxxx Xxxxxx Mae Guides or the Fxxxxxx Xxxxxxx Mac Guides. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personsubservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, including without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Execution (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22)

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Xxxxxx, provided for that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the Fxxxxx Mxx Guides manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance pollicies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Xxxxxxxx. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value repair of the improvements securing Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage Loans is not hereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the property is abandoned by Xxxxxxxx, or if Xxxxxxxx fails to respond to Lender within 30 days from the date notice is mailed by Xxxxxx to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and (ii) apply the greater of (a) the outstanding principal balance insurance proceeds at Lender’s option either to restoration or repair of the Mortgage Loan property or to the sums secured by this Morrtgage. Unless Lender and (b) an Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such that install- ments. If under paragraph 18 hereof the Property is acquired by Xxxxxx, all right, title and interest of Borrower in and to any such insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall be sufficient pass to prevent Lender to the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration and conforming sums secured by this Mortgage immediately6. prior to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides such sale or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 1 contract

Samples: staging.route2investgroup.com

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Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greater of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an Loan, but in any event at least equal to the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the Mortgage Loantransactions contemplated by this Agreement. Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personsubservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.realized by Seller;

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loans, and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, is in effect which policy is in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Flood Disaster Protection Act of 1973, as amended, conforms to Fxxxxx Mae Guides or the Mxx and Fxxxxxx Mac Guidesand is insured by a Qualified Insurer. All individual insurance policies contain a standard mortgagee clause naming the Servicer and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the Servicer has engaged in, and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner has no knowledge of the Mortgage Loan, borrower Mortgagor’s or any other Personservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any . No unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted realized by the Seller or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Servicer;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc3)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, in an amount representing coverage not less than which is at leasx xxxxl xx the lesser of (ix) the xxe maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Freddie Mac requirements, in an amount representing coverage not less than txxx the xxxxxx of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides or National Flood Insurance Act of 1968, as amended (regardless of whether the Fxxxxxx Mac Guidesarea in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, includingsuch policy, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pa Th Ce Se 2002-He)

Hazard Insurance. All buildings or other customarily insured improvements upon the The Mortgaged Property are is insured by a fire and extended perils insurance policy, issued by an insurer acceptable under the Fxxxxx Mae Guidesto Xxxxxx Xxx or Xxxxxxx Mac, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or area where the Mortgaged Property is located, and to the extent required by the Fxxxxxx Mac GuidesSellers as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) either (A) the outstanding principal balance of the Loan with respect to each First Lien Loan (plus, if the Loan is an Option ARM Loan which provides for Negative Amortization or a Negative Amortization Loan, the maximum amount of Negative Amortization permitted by the Note) or (B) with respect to each Second Lien Loan, the sum of the outstanding principal balance of the First Lien Loan and the outstanding principal balance of the Second Lien Loan (plus, if the Loan is an Option ARM Loan which provides for Negative Amortization or a Negative Amortization Loan, the maximum amount of Negative Amortization permitted by the Note), (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, a flood insurance policy meeting the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier and such policy conforms to the requirements of Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a1) the outstanding principal balance of the Mortgage Loan Loan, (2) the full insurable value of the Mortgaged Property, and (b3) an the maximum amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included of insurance available under the coverage afforded by Flood Disaster Protection Act of 1973, as amended. All such insurance policies (collectively, the "hazard insurance policy") contain a blanket policy for standard mortgagee clause naming Holdings, its successors and assigns (including without limitation, subsequent owners of the projectLoan), as mortgagee, and may not be reduced, terminated or canceled without 30 days' prior written notice to the mortgagee. If required No such notice has been received by the FDPA, the Mortgage Loan is covered by a flood Sellers. All premiums due and owing on such insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guideshave been paid. The related Mortgage obligates the Mortgagor thereunder Borrower to maintain all such insurance and, at the Mortgagor's cost and expense, and upon the Mortgagorsuch Borrower's failure to do so, authorizes the holder of the Mortgage mortgagee to maintain such insurance at the MortgagorBorrower's cost and expense and to seek reimbursement therefor from such Borrower. Where required by state law or regulation, the MortgagorBorrower has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. All such standard The hazard insurance policy is the valid and flood policies are binding obligation of the insurer and is in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in fulleffect. No originatorSeller has engaged in, seller, prior owner and has no knowledge of the Mortgage LoanBorrower's having engaged in, borrower or any other Person, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageSellers.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Hazard Insurance. (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Mortgage Loan are insured by an insurer acceptable under the Fxxxxx to Fannie Mae Guides, or Freddie Mac against loss by fire, hazards of extended coverage and such other xxxxxxgx xnd sxxx xxxer hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing area where such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitlocated, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of either Section 5.10 or Section 5.11. All such insurance policies (collectively, the current guidelines "hazard insurance policy") contain a standard mortgagee clause naming the originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the Federal Insurance Administration insurer, and conforming all premiums thereon due to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesdate have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the such Mortgagor's cost and expense, and upon the on such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to maintain such insurance at the such Mortgagor's cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagorcase of a condominium or unit in a planned unit development ("PUD") project that is not covered by an individual policy, the condominium or PUD project is covered by a "master" or "blanket" policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. All such standard hazard and flood policies are in full force and effect and on the date of origination contained The insurance policy contains a standard mortgagee clause naming the Seller originator of such Mortgage Loan (and its successors in interest and assigns assigns), as loss payee; such clause is still in effect insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums due on any such policies thereon have been paid in fullpaid. No originatorThe insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, selleror if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, prior owner describes any endorsements that are part of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that "master" policy and would impair be acceptable pursuant to the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Fannie Mae Guide;

Appears in 1 contract

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

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Fannie Mae Guides, Guides against loss by firefixx, hazards xxzxxxs of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesXxxxxxe Mac, in an amount representing coverage not less than which is ax xxxxx equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mxx, xxth a generally acceptxxxx xxsurance carrier acceptable under the Fannie Mae Guides in an amount reprexxxxxxg coverage not less than the lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Trustee on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in fullClosing Date. No originator, seller, prior owner None of the Mortgage LoanResponsible Party, borrower the Mortgagor or any other Person, has servicer have engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Responsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Ahl)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddix Xxx, in an amount representing coverage not less than xxxunt which is ax xxxxx equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mac, with a gxxxxxxlx xcceptxxxx xxsurance carrier acceptable under the Fannie Mae Guides in an amount reprexxxxxxg coverage not less than the lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Trustee on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in fullClosing Date. No originator, seller, prior owner None of the Mortgage LoanResponsible Party, borrower the Mortgagor or any other Person, has servicer have engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Responsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsaa Trust 2004-Nc1)

Hazard Insurance. All buildings Mortgagor shall keep the improvements now existing or other customarily insured improvements upon hereafter erected on the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, carriers at all times satisfactory to Mortgagee against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac GuidesMortgagee shall require and, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans amounts, and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount for such that the proceeds thereof periods as Mortgagee shall require. All premiums on insurance policies shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded paid by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such insurance policies and renewals thereof shall be in a form acceptable to Mortgagee and shall include a standard hazard mortgage clause in favor of and flood policies are in full force form acceptable to Mortgagee. Mortgagee shall have the right to hold the policies, and effect Mortgagor shall promptly furnish to Mortgagee all renewal notices and on all receipts of paid premiums. At least thirty days prior to the expiration date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, Xxxxxxxxx shall deliver to Mortgagee a renewal policy in form satisfactory to Mortgagee. In the benefits event of loss, Mortgagor shall give immediate written notice to the endorsement provided insurance carrier and to Mortgagee. Xxxxxxxxx hereby authorizes and empowers Mortgagee as attorney-in-fact for thereinXxxxxxxxx to make proof of loss, or the validity to adjust and binding effect of eithercompromise any claim under insurance policies, including, without limitation, the provision or receipt of to appear in and prosecute any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any action arising from such insurance policies, regardless to collect and receive insurance proceeds, and to deduct there from Mortgagee’s expenses incurred in the collection of such proceeds; provided however, that nothing contained in this paragraph 4 shall require Mortgagee to incur any expense or take any action hereunder. Xxxxxxxxx further authorizes Mortgagee to apply the balance of such proceeds to the payment of the cause sums secured by this Mortgage, whether or not then due, in the order of application set forth in paragraph 2 hereof accounting to the Mortgagor for any surplus. In the event the Mortgagor does not renew the insurance policy then Mortgagee may obtain loss payee insurance coverage only, which cost shall be payable by the Mortgagor. Failure to reimburse the Mortgagee for the cost of this policy within 30 calendar days after being mailed a bill for it shall constitute default under this Mortgage. If the Property is sold pursuant to paragraph 16 hereof or if Mortgagee acquires title to the property, Mortgagee shall have all of the right, title and interest of Xxxxxxxxx in and to such failure of coverageinsurance policies and unearned premiums thereon and to the proceeds resulting from any damage to the Property prior to such sale and acquisition.

Appears in 1 contract

Samples: Acquisition and Development Agreement

Hazard Insurance. All With respect to a Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greater of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an Loan, but in any event at least equal to the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the Mortgage Loantransactions contemplated by this Agreement. Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personsubservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.realized by Seller;

Appears in 1 contract

Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greater of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an Loan, but in any event at least equal to the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the originator and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without thirty (30) days’ prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyers upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the related Originator have engaged in, and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner no knowledge of the Mortgage Loan, borrower Mortgagor’s or any other Personsubservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted realized by the Seller or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coveragerelated Originator.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the projectUnderwriting Guidelines. If required by the FDPANational Flood Insurance Act of 1968, as amended, or if upon origination of the Mortgage Loan, the improvements on the Mortgaged Property were in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming which policy conforms to Fxxxxx Mxx Mae and Fxxxxxx Mac requirements, in an . The amount not of such insurance shall be no less than the least of (A) the actual unpaid principal balance of the Mortgage Loan, (B) the full insurable value and (C) the maximum amount required by of insurance which was available under the FDPAFlood Disaster Protection Act of 1983, as amended. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesguidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower or any other Personand has no knowledge of the Mortgagor’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)

Hazard Insurance. All Pursuant to the terms of the related Mortgage, the buildings or other customarily insured and improvements upon the each Mortgaged Property are insured by an insurer a Qualified Insurer pursuant to a standard, valid and existing hazard insurance policy acceptable under the Fxxxxx to Fannie Mae Guides, or Freddie Mac which policy insures against loss by fire, hazards xxxxrxx of extended exxxxxxx coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Freddie Mac Guides, Guide representing coverage in an amount representing coverage xxxxxx not less than the lesser xxx xxxser of (ia) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (ab) the outstanding principal balance of the related Mortgage Loan and (b) Loan, but in no event an amount such less than an amount that the proceeds thereof shall be sufficient is required to prevent the Mortgagor and/or the Mortgagee from becoming being deemed to be a co-insurerinsurer thereunder. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy in a form meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming (which policy conforms to Fxxxxx Mxx and Fxxxxxx Fannie Mae or Freddie Mac requirements, ) is in effect with respect tx xxxx Mortgagxx Xxxxerty with a Qualified Insurer in an amount representing coverage not less than the least of (a) the outstanding Stated Principal Balance of the Mortgage Loan, (b) the maximum insurable value of the improvements securing such Mortgage Loan or (c) the maximum amount required by of insurance that is available under federal law. All individual insurance policies contain a standard mortgagee clause naming the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides Seller or the Fxxxxxx Mac Guides. The original holder of the Mortgage, and its successors in interest, as loss payee, and all of the premiums due and payable thereon have been paid; the Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Neither the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on (nor any such policies have been paid in full. No originator, seller, prior owner originator or servicer of any of the Mortgage Loan, borrower or Loans) nor any other Person, Mortgagor has engaged in any act or omission that which has impaired or would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either. All such insurance policies contain a standard mortgagee clause naming Seller, its successors and assigns as loss payee and contain a clause that the insurer will notify the named mortgagee at least thirty (30) days prior to any reduction in coverage or cancellation of the policy. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Xxxxxx Xxx Guides or by the Fxxxxxx Freddie Mac Guides, Guides in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer, but in no event less than the minimum amount necessary to fully compensate for any damage or loss on a replacement cost basis. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx in accordance with the Xxxxxx Xxx Guides or the Freddie Mac requirementsGuides, in an amount not less than the least of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount required by the FDPAof insurance available under The National Flood Insurance Act of 1968, as amended and The Flood Disaster Protection Act of 1973, as amended. Such policy was issued by an insurer acceptable under a Qualified Insurer. If required by Applicable Law, the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained contain a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due and owing on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement (Angel Oak Mortgage, Inc.)

Hazard Insurance. (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Mortgage Loan are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Mortgage Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing area where such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitlocated, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of either Section 5.10 or Section 5.11. All such insurance policies (collectively, the current guidelines “hazard insurance policy”) contain a standard mortgagee clause naming the originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the Federal Insurance Administration insurer, and conforming all premiums thereon due to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesdate have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the such Mortgagor's ’s cost and expense, and upon the on such Mortgagor's ’s failure to do so, authorizes the holder of the such Mortgage to maintain such insurance at the such Mortgagor's ’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagorcase of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. All such standard hazard and flood policies are in full force and effect and on the date of origination contained The insurance policy contains a standard mortgagee clause naming the Seller originator of such Mortgage Loan (and its successors in interest and assigns assigns), as loss payee; such clause is still in effect insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums due on any such policies thereon have been paid in fullpaid. No originatorThe insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, selleror if any other change that adversely affects the Seller’s interests is made; the certificate includes the types and amounts of coverage provided, prior owner describes any endorsements that are part of the Mortgage Loan“master” policy and would be acceptable pursuant to the FNMA Guide. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor, any subservicer or any other Personprior servicer having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind had been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageSeller.

Appears in 1 contract

Samples: Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a Qualified Insurer acceptable under the to Fxxxxxx Mac and Fxxxxx Mae Guides, Mxx against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i1) the maximum insurable value 100% of the replacement cost (as calculated by the Qualified Insurer) of all improvements securing such Mortgage Loans to the Mortgaged Property, and (ii) the greater of (a2) the outstanding principal balance of the Mortgage Loan with respect to each Loan; provided, however, in no event shall the amount of insurance be less than (x) the minimum amount necessary to fully compensate for any damage or loss on a replacement cost basis, and (by) an the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property. All such that insurance policies contain a standard mortgagee clause naming the proceeds thereof shall be sufficient to prevent Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. Where required by state law or regulation, the Mortgagor and/or has been given an opportunity to choose the Mortgagee from becoming a co-carrier of the required hazard insurance. The hazard insurance policy is the valid and binding obligation of the insurer. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming is in effect with a generally acceptable insurance carrier, which policy conforms to the requirements of Fxxxxx Mxx Mae and Fxxxxxx Mac requirements, and in an amount not less than the amount required by greater of (1) lesser of (a) 100% of the FDPA. Such policy was issued by an insurer acceptable under replacement cost of all improvements to the Fxxxxx Mae Guides or Mortgaged Property and (b) the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder outstanding principal balance of the Mortgage Loan with respect to maintain each First Lien Mortgage Loan and (2) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended; provided, however, in no event shall the amount of insurance be less than the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property. Each Mortgage Loan is covered by a “life of loan” Flood Zone Service Contract which is assignable to the Buyer or its designee at no cost to the Buyer or its designee or, for each Mortgage Loan not covered by such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming Flood Zone Service Contract, the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of agrees to pay the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful related fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by a an insurer acceptable under the Fxxxxx Mae Guides, to Xxxxxx Xxx and Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greatest of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property, (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and Loan, or (biii) an the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Xxxxxx Mae and Xxxxxxx Mac. If the Mortgaged Property is a condominium unit, it is included under in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming such Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanTrust upon the consummation of the transactions contemplated by this Agreement. Such Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personsubservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any realized by such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Loan Sale Agreement (MortgageIT Holdings, Inc.)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Faxxxx Xae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides Faxxxx Xax Xuides or by the Fxxxxxx Mac Frxxxxx Xac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac Faxxxx Xax xnd Frxxxxx Xac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Faxxxx Xae Guides or the Fxxxxxx Mac Frxxxxx Xac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Fannie Mae Guides, Guides against loss by firefxxx, hazards xazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddie Mac, in an amount representing coverage not less than xx xn xxount which is xx xxxxt equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mac, with a xxxxxxlxx accepxxxxx xnsurance carrier acceptable under the Fannie Mae Guides in an amount reprxxxxxxng coverage not less than the lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. None of the Seller, borrower the Mortgagor or any other Person, has servicer have engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Fannie Mae Guides, Guides against loss by fire, hazards of extended coverage and such other anx xxxx xxxer hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddie Mac, in an amount representing coverage not less than which is at least equxx xx the lesser of (i) the maximum xxx xxximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mac, with a generally acceptable insurance carrixx xxxeptable uxxxx xxe Fannie Mae Guides in an amount representing coverage not less than the xxxxxx of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. None of the Seller, borrower the Mortgagor or any other Person, has servicer have engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Ahl)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Xxxxxx Xxx Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Xxxxxx Xxx Guides or by the Fxxxxxx Freddie Mac Guides, and subject to Applicable Law, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx Xxxxxx Xxx and Fxxxxxx Freddie Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Xxxxxx Xxx Guides or the Fxxxxxx Freddie Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower Mortgagor or any other Person, has engaged in any act or omission that would materially impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer a generally acceptable under Insurer rated 13 or better in the Fxxxxx Mae Guides, current Bests Insurance Guide against loss by fire, fire hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, area in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) which is at least equal to the outstanding principal balance of the Mortgage Loan and (b) an amount such that or the proceeds thereof shall be sufficient to prevent full insurable value of improvements whichever is the Mortgagor and/or lesser If as of the Mortgagee from becoming a co-insurer. If date of origination of the Mortgage Loan the Mortgaged Property is a condominium unit, it is included under located in au area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, is in effect with a generally acceptable insurance carrier (rated 13 or better as aforesaid) in an amount representing coverage not less than the least of (i) of the outstanding principal balance of the Mortgage Loan (ii) the lull full insurable value of the improvements or (iii) the maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides Flood Disaster Protection Act of 1973. Borrower shall maintain in its possession, available for holders inspection, and will deliver to Lender on demand, documentation as to the method used in determining the applicability of the provisions of the Flood Disaster Protection Act of 1973, as may be amended, to the Mortgaged Property All such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming Borrower, its successors and assigns, as mortgagee and all premiums thereon have been paid Each hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Lender if Lender becomes the owner of the related Mortgage Loan Borrower has not engaged in, and has no knowledge of the Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the Fxxxxxx Mac Guides. The validity and binding effect of either Each Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's Mortgagors cost and expense, and upon on the Mortgagor's Mortgagors failure to do so, authorizes the holder of the Mortgage Mortgagee to maintain such insurance at the Mortgagor's Mortgagors cost and expense and to seek reimbursement therefor from the Mortgagor. Mortgagor All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies as of or prior to the date(s) of Borrowers request for an advance have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coveragepaid.

Appears in 1 contract

Samples: Mortgage Loan Warehousing and Security Agreement (Finantra Capital Inc)

Hazard Insurance. All buildings Lessee shall not use, or permit said Premises, or any part thereof, to be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which may cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee-sell or permit to be kept', used or sold, in or about said Premises, any article which may be prohibited by a standard form fire insurance policy. Lessee shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, including flood, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as reasonably determined by Lessor, with proceeds payable to Lessor. Lessor may, but shall not be obligated to obtain flood insurance and Lessor shall have no liability to Lessee if Lessor elects not to obtain flood insurance. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the full cost of said insurance as evidenced by insurance xxxxxxxx to Lessor, plus an accounting fee equal to five percent of such insurance costs. If said insurance xxxxxxxx cover the Premises, and Lessee does not occupy the entire Premises, the insurance premiums and deductibles shall be allocated to the portion of the Premises occupied by Lessee on a pro-rata square footage or other customarily insured improvements upon equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the Mortgaged Property are insured Commencement Date and the end of the Lease Term. Lessee agrees to pay to the Lessor as additional Rent, on demand, the full cost of said insurance as evidenced by an insurer acceptable under insurance xxxxxxxx to the Fxxxxx Mae GuidesLessor which shall be included in Lessee's monthly CAC. Lessor and Lessee hereby waive any rights each may have against die other related to any loss or damage caused to Lessor or Lessee as the case may be, against loss or to the Premises or its contents, and which may arise from any risk generally covered by fire, hazards of fire and extended coverage insurance, including flood. The parties shall provide that their respective insurance policies insuring the property or die personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the case may be. Lessor shall maintain in full force and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guideseffect, a policy of rental loss insurance, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient equal to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required of Rent payable by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and Lessee commencing on the date of origination contained a standard mortgagee clause naming loss during the Seller and its successors in interest and assigns next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for the full cost of said rental loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Inso Corp

Hazard Insurance. All buildings or other customarily insured improvements upon the The Mortgaged Property are is insured by a fire and extended perils insurance policy, issued by an insurer acceptable under the Fxxxxx to Xxxxxx Mae Guidesor Xxxxxxx Mac, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or area where the Mortgaged Property is located, and to the extent required by the Fxxxxxx Mac GuidesSellers as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) either (A) the outstanding principal balance of the Loan with respect to each First Mortgage Loan (plus, if the Loan is an Option ARM Loan which provides for Negative Amortization, the maximum amount of Negative Amortization permitted by the Note) or (B) with respect to each Closed-End Second Mortgage Loan or second lien HELOC, the sum of the outstanding principal balance of the First Mortgage Loan and the outstanding principal balance of the Closed-End Second Mortgage Loan or HELOC (plus, if the Loan is an Option ARM Loan which provides for Negative Amortization, the maximum amount of Negative Amortization permitted by the Note), (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, a flood insurance policy meeting the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier and such policy conforms to the requirements of Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a1) the outstanding principal balance of the Mortgage Loan Loan, (2) the full insurable value of the Mortgaged Property, and (b3) an the maximum amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included of insurance available under the coverage afforded by Flood Disaster Protection Act of 1973, as amended. All such insurance policies (collectively, the "hazard insurance policy") contain a blanket policy for standard mortgagee clause naming Holdings, its successors and assigns (including without limitation, subsequent owners of the projectLoan), as mortgagee, and may not be reduced, terminated or canceled without 30 days' prior written notice to the mortgagee. If required No such notice has been received by the FDPA, the Mortgage Loan is covered by a flood Sellers. All premiums due and owing on such insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guideshave been paid. The related Mortgage obligates the Mortgagor thereunder Borrower to maintain all such insurance and, at the Mortgagor's cost and expense, and upon the Mortgagorsuch Borrower's failure to do so, authorizes the holder of the Mortgage mortgagee to maintain such insurance at the MortgagorBorrower's cost and expense and to seek reimbursement therefor from such Borrower. Where required by state law or regulation, the MortgagorBorrower has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a hazard insurance policy covering the common facilities of a planned unit development. All such standard The hazard insurance policy is the valid and flood policies are binding obligation of the insurer and is in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in fulleffect. No originatorSeller has engaged in, seller, prior owner and has no knowledge of the Mortgage LoanBorrower's having engaged in, borrower or any other Person, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of either, either including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageSellers.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Mae Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required the Mortgaged Property is in an area identified in the Federal Register by the FDPA, Federal Emergency Management Agency as a special flood hazard area (and such flood insurance has been made available) the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsProgram, in an amount representing coverage not less than the lesser of (A) the minimum amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides terms of the coverage to compensate for any damage or loss to the Mortgaged Property on a replacement-cost basis (or the Fxxxxxx Mac Guidesoutstanding principal balance of the Mortgage Loan if replacement-cost basis is not available) or (B) the maximum amount of insurance available under the National Flood Insurance Program. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Hazard Insurance. All buildings or other customarily insured improvements upon on the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx to Xxxxxx Mae Guidesor Xxxxxxx Mac and to prudent mortgage lending institutions, against loss by fire, fire and such hazards of as are covered under a standard extended coverage endorsement and such other hazards as are provided for in the Fxxxxx Mxx Xxxxxx Mae Guides or by the Fxxxxxx Xxxxxxx Mac Guides, as applicable, pursuant to insurance policies conforming to Accepted Practices, in an amount representing coverage which is not less than the lesser of (i) 100% of the maximum insurable value of the improvements securing such Mortgage Loans and Mortgaged Property (iias established by the insurer) the greater of (a) or the outstanding principal balance of the Mortgage Loan and (bplus, with respect to any Second Lien Mortgage Loan, the outstanding principal balance of the related first lien mortgage loan, if any), as long as it equals the minimum amount (80% of the insurable value of the Mortgaged Property) an amount such that the proceeds thereof shall be sufficient required to prevent the Mortgagor and/or the Mortgagee from becoming compensate for any damage or loss on a co-insurerreplacement cost basis. If the Mortgaged Property is a condominium unit, it is may be included under the coverage afforded by a blanket policy for the project. If required the improvements on the Mortgaged Property are in an area identified in the Federal Register by the FDPAFederal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by then a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier and conforming such policy conforms to Fxxxxx Mxx and Fxxxxxx Mac requirements, the requirements of Xxxxxx Mae or Xxxxxxx Mac. Such flood insurance policy is in an amount representing coverage not less than the least of (A) 100% of the replacement cost of the dwelling, (B) the unpaid principal balance of the Mortgage Loan (subject to a minimum of 80% of the replacement cost of the structure) and (C) the maximum amount required by the FDPA. Such policy of insurance which was issued by an insurer acceptable available under the Fxxxxx Mae Guides or Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming the Fxxxxxx Mac GuidesCompany and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such a hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All Each such standard hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner Purchaser upon the consummation of the purchase of the Mortgage Loan, borrower Loans as contemplated by this Agreement. The Company has not acted or any other Person, has engaged in any failed to act or omission that would so as to impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, policy or the validity and validity, binding effect and enforceability thereof; (hh) No Impairment of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. Insurance Coverage: No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such applicable hazard insurance policiespolicy, regardless PMI Policy or bankruptcy bond, irrespective of the cause of such failure of coverage.. In connection with the placement of any such insurance, no commission, fee, or other compensation has been or will be received by the Company or any designee of the Company or any corporation or other entity which the Company or any officer, director, or employee had a financial interest at the time of placement of such insurance;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Fxxxxx Mxx Guides or by the and Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greater of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an but in no event greater than the amount such that allowed by applicable law, but in any event at least equal to the proceeds thereof shall be sufficient amount necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Fxxxxx Mae and Fxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration and conforming is in effect which policy conforms to the requirements of Fxxxxx Mxx Mae and Fxxxxxx Mac requirementsMac. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, in an amount and all premiums thereon have been paid and such policies may not less than be reduced, terminated or cancelled without 30 days’ prior written notice to the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming Buyer upon the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner consummation of the Mortgage Loantransactions contemplated by this Agreement. Seller has not engaged in, borrower and has no knowledge of the Mortgagor’s or any other Personsubservicer’s having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any . No unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity from Seller or any Affiliate or to Seller’s knowledge, any other Person, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.realized by Seller;

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac Guides, in an amount representing coverage not less than the lesser greater of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans and to the Mortgaged Property or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an Loan, but in any event at least equal to the amount such that necessary to avoid the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with that required by Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property is a condominium unit, it is included under was in an area identified in the coverage afforded by a blanket policy for the project. If required Federal Register by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Xxxxxx Mae and conforming Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on Where required by state law or regulation, the date of origination contained a standard mortgagee clause naming Mortgagor has been given an opportunity to choose the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner carrier of the Mortgage Loanrequired hazard insurance, borrower provided the policy is not a "master" or any other Person, has engaged in any act or omission that would impair "blanket" hazard insurance policy covering the coverage common facilities of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coveragea planned unit development.

Appears in 1 contract

Samples: Master Repurchase Agreement (Oak Street Financial Services Inc)

Hazard Insurance. All buildings Borrower shall keep the improvements now existing or other customarily hereafter erected on the Property insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of included within the term "extended coverage coverage" and such any other hazards as are provided for which Lender requires insurance. This insurance shall be maintained in the Fxxxxx Mxx Guides amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval, which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. The Lender .may make proof of loss if not made promptly by Xxxxxxxx. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value repair of the improvements securing such Mortgage Loans Property damage the restoration or repair is economically feasible and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurerLender's security not lessened. If the Mortgaged restoration or repair is not economically feasible Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, any excess paid to Borrower. If Xxxxxxxx abandons the Property, but does not answer within thirty (30) days a notice from Lender that the insurance carrier has offered to settle a claim, then Xxxxxx may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The thirty (30) day period will begin at the time the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payment. If under paragraph 19 the Property is a condominium unitacquired by Xxxxxx, it is included under Xxxxxxxx's right to any insurance policies and proceeds resulting from damage to the coverage afforded by a blanket policy for property prior to the project. If required by acquisition shall pass to Lender to the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of sums secured by this Security Instrument immediately prior to the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageacquisition.

Appears in 1 contract

Samples: Pinecrest Investment Group Inc

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Fannie Mae Guides, Guides against loss by firelosx xx xixx, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Fannie Mae Guides or by the Fxxxxxx Mac GuidesFreddie Mac, in an xx xn amount representing coverage not less than whixx xx xt least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms to Fannie Mae and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirementsFreddie Mac, with a xxxxxxlly xxxxxxable insurance carrier acceptable under the Fannie Mae Guides in an amount amounx xxxxesenting coverage not less than the lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount required by the FDPA. Such policy was issued by an insurer acceptable of insurance which is available under the Fxxxxx Mae Guides National Flood Insurance Act of 1968, as amended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. All individual insurance policies contain a standard mortgagee clause naming Accredited and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All such standard Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Trustee on the date Closing Date. None of origination contained a standard mortgagee clause naming Accredited, the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower Mortgagor or any other Person, has servicer have engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.realized by Accredited;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)

Hazard Insurance. All buildings Lessee shall not use, or permit said Premises, or any part thereof, to be used, for any purpose other than that for which said Premises are hereby Leased, and no use shall be made or permitted to be made of the said Premises, nor acts done, which may cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a standard form fire insurance policy. Lessee shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. The Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Leased Premises in amounts not to exceed the actual insurable value of said Premises as determined by Lessor, with proceeds payable to Lessor. The Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. The Lessee agrees to pay to the Lessor as additional Rent, on demand, the full cost of said insurance as evidenced by insurance xxxxxxxx to the Lessor. If said insurance xxxxxxxx cover the entire building, and this Lease does not cover the entire building, the insurance premiums and deductibles allocated to the Leased Premises shall be pro-rated on a square footage or other customarily insured improvements upon equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the Mortgaged Property are insured Commencement Date and Termination Date of this Lease. Lessor and Lessee hereby waive any rights each may have against the other related to any loss or damage caused to the Lessor or the Lessee as the case may be, or to the Premises or its contents, and which may arise from any risk generally covered by an insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of fire and extended coverage insurance. The parties shall provide that their respective insurance policies insuring the property or the personal property include a waiver of any right of subrogation which said insurance company may have against the Lessor or the Lessee, as the case may be. Lessor shall maintain in full force and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guideseffect, a policy of rental loss insurance, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient equal to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required of Rent payable by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's cost and expense, and upon the Mortgagor's failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and Lessee commencing on the date of origination contained a standard mortgagee clause naming loss during the Seller and its successors in interest and assigns next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor. Lessee shall reimburse Lessor for the full cost of said rental loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Lease (Lynuxworks Inc)

Hazard Insurance. All buildings or other customarily insured improvements upon on the Mortgaged Property are insured by an insurer acceptable under to, with respect to the Fxxxxx Conventional Mortgage Loans, Xxxxxx Mae Guidesor Xxxxxxx Mac and to prudent mortgage lending institutions, and with respect to the Non-Conventional Mortgage Loans, FHA or VA, as applicable, against loss by fire, hazards of extended coverage and such other hazards as are provided for customary or required by law in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. If the related Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required located in an area identified by the FDPAFlood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Mortgage Loan is covered by then a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming is in effect with a generally acceptable insurance carrier acceptable to Fxxxxx Mxx and Fxxxxxx Xxxxxx Mae or Xxxxxxx Mac requirements, in an amount not less than representing coverage equal to the lesser of (i) the minimum amount required by the FDPA. Such policy was issued by an insurer acceptable required, under the Fxxxxx Mae Guides terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the Fxxxxxx Mac Guidesunpaid balance of the mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain all such a hazard insurance policy at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's ’s cost and expense expense, and to seek reimbursement therefor from the Mortgagor. All Each such standard hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date benefit of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner Purchaser upon the consummation of the purchase of the Mortgage Loan, borrower Loans as contemplated by this Agreement. The Company has not acted or any other Person, has engaged in any failed to act or omission that would so as to impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, policy or the validity and validity, binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.enforceability thereof;

Appears in 1 contract

Samples: Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, to FNMA and FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by area where the Fxxxxxx Mac GuidesMortgaged Property is located, in an amount representing coverage not less than the lesser of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loans to the Mortgaged Property and (ii) the greater of either (aA) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each second lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and (b) an the outstanding principal balance of the second lien Mortgage Loan; provided, however, in no event shall the amount such that of insurance be less than the proceeds thereof shall be sufficient amount necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a operation of any co-insurerinsurance provisions with respect to the Mortgaged Property. All such insurance policies contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is in an area identified on a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required Flood Hazard Map or Flood Insurance Rate Map issued by the FDPA, the Mortgage Loan is covered by Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect which policy conforms to the requirements of FNMA and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac GuidesFHLMC. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He1)

Hazard Insurance. All buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Mxx Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Mae Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Mae or Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guides. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the Mortgagor. All such standard hazard and flood policies are in full force and effect and on the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, Person has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Hazard Insurance. All Pursuant to the terms of the Mortgage, all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an a generally acceptable insurer acceptable under the Fxxxxx Mae Guides, against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value Section 2.10 of the improvements securing such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unit, it is included under the coverage afforded by a blanket policy for the project. Interim Servicing Agreement attached hereto as Exhibit B. If required by the FDPANational Flood Insurance Act of 1968, the as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect, which policy conforms to Fannie Mae and conforming Freddie Mac, as well as all additional requirements set xxxxx ix Xection 2.10 of the Interim Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesmortgagee. The Mortgage obligates the Mortgagor thereunder to maintain all such the hazard insurance policy at the Mortgagor's cost and expense, and upon on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the such Mortgagor's cost and expense expense, and to seek reimbursement therefor from txx Xxxxxxgor. Where required by state law or regulation, the MortgagorMortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. All such standard The hazard insurance policy is the valid and flood policies are binding obligation of the insurer, is in full force and effect, and will be in full force and effect and on inure to the date of origination contained a standard mortgagee clause naming the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner benefit of the Mortgage LoanPurchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, borrower and has no knowledge of the Mortgagor's or any other Personservicer's having engaged in, has engaged in any act or omission that which would impair the coverage of any such insurance policy, the benefits of the endorsement provided for thereinherein, or the validity and binding effect of eithersuch policy, including, without limitation, the provision or receipt of any no unlawful fee, commission, kickback, kickback or other unlawful compensation or value of any kind. No actionkind has been or will be received, inactionretained or realized by any attorney, firm or event has occurred other person or entity, and no state of facts exists such unlawful items have been received, retained or has existed that has resulted or will result in realized by the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverage.Seller;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)

Hazard Insurance. (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Mortgage Loan are insured by an insurer acceptable under the Fxxxxx Mae Guides, to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Fxxxxx Mxx Guides or by the Fxxxxxx Mac Guides, in an amount representing coverage not less than the lesser of (i) the maximum insurable value of the improvements securing area where such Mortgage Loans and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitlocated, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of either SECTION 5.10 or SECTION 5.11. All such insurance policies (collectively, the current guidelines "HAZARD INSURANCE POLICY") contain a standard mortgagee clause naming the originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the Federal Insurance Administration insurer, and conforming all premiums thereon due to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesdate have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the such Mortgagor's cost and expense, and upon the on such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to maintain such insurance at the such Mortgagor's cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagorcase of a condominium or PUD project that is not covered by an individual policy, the condominium or PUD project is covered by a "master" or "blanket" policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage or share loan is covered under such policy. All such standard hazard and flood policies are in full force and effect and on the date of origination contained The insurance policy contains a standard mortgagee clause naming the Seller originator of such Mortgage Loan (and its successors in interest and assigns assigns), as loss payee; such clause is still in effect insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums due on any such policies thereon have been paid in fullpaid. No originatorThe insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, selleror if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, prior owner describes any endorsements that are part of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that "master" policy and would impair be acceptable pursuant to the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageFNMA Guide.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mortgage Pas THR Cert Se 2002-27a)

Hazard Insurance. All The Mortgaged Property and all buildings or other customarily insured improvements upon the Mortgaged Property are insured by an insurer acceptable under the Fxxxxx Mae Guides, a Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fxxxxx Mxx Guides or required by the Fxxxxxx Mac GuidesUnderwriting Guidelines as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Accepted Servicing Practices and providing coverage in an amount representing coverage not less than equal to the lesser of (i) the maximum full insurable value of the improvements securing such Mortgage Loans and Mortgaged Property or (ii) the greater outstanding principal balance owing on the Mortgage Loan, but in no event less than the minimum amount necessary to fully compensate for any damage or loss on a replacement cost basis. All such insurance policies are the valid and binding obligation of the insurer are in full force and effect, inure to the benefit of the Buyer upon the consummation of the transactions contemplated by this Agreement and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is, or was at origination of the Mortgage Loan, in an area identified on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards, a flood insurance policy meeting the applicable Requirements of Law, including the current guidelines of the Federal Insurance Administration, is in effect, which policy conforms to the Underwriting Guidelines and was issued by a Qualified Insurer and provides coverage in the an amount equal to not less than the least of (ai) the outstanding principal balance of the Mortgage Loan Loan, (ii) the full insurable value of the Mortgaged Property, and (biii) an the maximum amount such of insurance that was available under applicable Requirements of Law including the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is a condominium unitNational Flood Insurance Act of 1968, it is included under the coverage afforded by a blanket policy for the project. If required by the FDPA, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration and conforming to Fxxxxx Mxx and Fxxxxxx Mac requirements, in an amount not less than the amount required by the FDPA. Such policy was issued by an insurer acceptable under the Fxxxxx Mae Guides or the Fxxxxxx Mac Guidesas amended. The Mortgage obligates the Mortgagor thereunder to maintain all such insurance at the Mortgagor's ’s cost and expense, and upon on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at the Mortgagor's ’s cost and expense and to seek reimbursement therefor from the MortgagorMortgagor and may not be canceled, reduced or terminated without 30 days’ prior notice. All such standard hazard and flood policies are in full force and effect and on If the date of origination contained Mortgaged Property is a standard mortgagee clause naming condominium unit, it is included under coverage afforded by a blanket policy for the Seller and its successors in interest and assigns as loss payee; such clause is still in effect and all premiums due on any such policies have been paid in full. No originator, seller, prior owner of the Mortgage Loan, borrower or any other Person, has engaged in any act or omission that would impair the coverage of any such insurance policy, the benefits of the endorsement provided for therein, or the validity and binding effect of either, including, without limitation, the provision or receipt of any unlawful fee, commission, kickback, or other compensation or value of any kind. No action, inaction, or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any such insurance policies, regardless of the cause of such failure of coverageproject.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

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