Common use of Hazard Insurance Clause in Contracts

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 41 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)

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Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 22 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 (based upon reasonable and diligent inquiry) 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 16 contracts

Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-16ax)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968area where such Mortgaged Property is located, as amended, each Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseither Section 5.10 or Section 5.11. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or unit in a planned unit development ("PUD") project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard 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. The insurance policy covering contains a condominiumstandard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), or any hazard insurance policy covering the common facilities of a planned unit developmentas insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit 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 Purchaser upon "master" policy and would be acceptable pursuant to 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerFNMA Guide;

Appears in 6 contracts

Samples: Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3), Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A8)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approved Flood Policy Insurer. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 or any subservicer'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 either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 5 contracts

Samples: Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1), Warranties and Servicing Agreement (Structured Asset Securities Corp), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Rate)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for generally in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 Responsible Party 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerResponsible Party;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Seller 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 100% of the replacement cost of all improvements 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. If required 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 Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage 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 of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. No such notice has been received by the Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. 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 binding obligation of the insurer, insurer and 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 ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 3 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)

Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Trust Property (as defined in the Trust Agreement) insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as 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 Trust Association or other owners’ association governing the Trust Property maintains a “master” or “blanket” policy for the Trust Property in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s), the Trust Association, or other owners’ association governing the Trust Property, subject to approval by Lender; provided that such approval shall not be unreasonably withheld or delayed. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s), the Trust Association, or other owners’ association governing the Trust Property making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to 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 event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Trust Agreement, insurance proceeds shall first be applied to restoration or repair of the Trust Property damaged. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Trust Association decides to disburse such excess, Borrower’s share of such excess shall then be applied to the sums secured by this Mortgage, all buildings 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 extend or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under Paragraph 18 hereof the Property is acquired by Lender, 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 National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Trust Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 2 contracts

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinescoverage. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy policy, meeting the requirements of the current guidelines Federal Insurance Administration, as well as all additional requirements set forth in Section 2.10 of the Federal Insurance Administration Servicing Agreement attached hereto as in effect which policy conforms with the Underwriting Guidelines. 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. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Purchase and Warranties Agreement (Franklin Finance Corp), Purchase and Warranties Agreement (D&n Capital Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 the GMAC-AmNet Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by Seller as of the date of origination consistent with the Underwriting Guidelines, the HECM Handbook and Agency 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) the outstanding principal balance of the 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 required any portion of the Mortgaged Property is in an area identified by the National Flood Insurance Act of 1968any federal Governmental Authority as having special flood hazards, as amendedand flood insurance is available, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with a generally acceptable insurance carrier, in an amount representing coverage not less than the Underwriting Guidelinesleast of (1) the outstanding principal balance of the Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming Seller or the Seller and Subservicer, its successors and assigns (including without limitation, subsequent owners of the Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. 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 ” Hazard Insurance Policy covering a condominium, or any hazard insurance policy Hazard Insurance Policy covering the common facilities of a planned unit development. The hazard insurance policy Hazard Insurance Policy is the valid and binding obligation of the insurer, insurer and 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 ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Custodial Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 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 acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xx xxxwxxxge of the Mortgagor, any Subservicer or any prior originator or subservicer'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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

Hazard Insurance. Pursuant Wendover will cause to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided be maintained for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered such fire, flood and hazard insurance as required by a flood insurance policy meeting Applicable Requirements; provided, however, notwithstanding the requirements foregoing, the provisions of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesMortgage Note and Mortgage will govern. All individual insurance policies contain a standard The mortgagee clause naming will be reflected as running to the Seller benefit of Client, its successor and assigns, as follows: "Client, its successors and assigns assigns, c/o Wendover Financial Services Corporation", at such address as mortgageeWendover will designate in writing from time to time. Any amounts collected by Wendover under any such policies will be paid over or applied by Wendover in accordance with Applicable Requirements whether for the restoration or repair of the Mortgaged Property, and all premiums thereon have been paidor applied to reduce the Mortgage Loan. The Mortgage obligates Wendover will not interfere with the Mortgagor thereunder Mortgagor's freedom of choice in selecting either an insurance carrier or agent upon any policy renewal; provided, however, that upon any such policy renewal, Wendover will accept insurance policies only from insurance companies that meet the written requirements of Xxxxxx Xxx. Wendover will not be required to maintain the hazard original insurance policy at for any Mortgaged Property; provided, however, that in the Mortgagor's cost and expense, and on the Mortgagor's failure event that Wendover is required to do soso by Applicable Requirements, authorizes the holder of the Mortgage to Wendover will obtain and maintain such insurance policies covering the greater of (i) the last known coverage paid for by Mortgagor, or (ii) the unpaid principal balance of the Mortgage Note. If Wendover is unable to collect from the Mortgagor the cost of such policies, Client will pay Wendover such amounts in accordance with Article IV hereof. Notwithstanding anything in this Agreement to the contrary, Wendover may at such Mortgagor's cost any time and expensefrom time to time solicit Mortgagors for accident, health, life, property or casualty insurance and other miscellaneous services (with the exception of refinancing), and to seek reimbursement therefor from the Mortgagor. Where required any fees payable 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 binding obligation of the insurer, is in full force and effect, and insurer will be in full force and effect and inure to the benefit exclusive property 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Wendover.

Appears in 2 contracts

Samples: Sub Servicing Agreement (Great Lakes Capital Acceptance LLC), Sub Servicing Agreement (Great Lakes Capital Acceptance LLC)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by applicable 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 is, as of the related Closing Date, the valid and binding obligation of the insurer, is in full force and effect, and such hazard insurance policy 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used for any purpose other than that for which the terms said Premises are hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (if commercially available and/or required by Landlord's failure Lender), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building, including the Premises, as determined by Landlord's insurance company's appraisers. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain workers compensation and maintain such public liability and property damage insurance at such Mortgagor's cost for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and expenseproperty damage. Tenant shall name Landlord as an additional insured, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier shall deliver a copy of the policies and renewal certificates to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance which may be reasonably required hazard insurance, provided to cover future risks customarily insured against by reasonably prudent businesses in Tenant's industry located in the policy is not a "master" Santa Clarx-Xxx Jose xxxa. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or "blanket" hazard insurance policy covering a condominiumdamage occasioned to the Landlord or the Tenant as the case may be, or any hazard insurance policy covering the common facilities of a planned unit development. 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Premises

Appears in 2 contracts

Samples: 8x8 Inc, 8x8 Inc

Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as 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 manner provided under paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to 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 event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Master Deed and/or Time Sharing 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, all buildings 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 other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under paragraph 17 hereof the Property is acquired by Lender, 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 National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 2 contracts

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesGuidelines and by lenders of similar mortgage loans in the secondary market. If required by the National Flood Insurance Act of 1968, 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 with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. 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 paidpaid 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. 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 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 such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3), Indemnification and Contribution Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)

Hazard Insurance. Pursuant Mortgagor shall, at its sole expense, obtain for, deliver to, assign to and maintain for the terms benefit of Bank, until Borrower’s Liabilities are paid in full, policies of hazard insurance in an amount which shall be not less than 100% of the Mortgage, all buildings or other improvements upon full insurable replacement cost of the Mortgaged Property are insured by (other than the Land) insuring, on a generally acceptable insurer replacement cost basis, the Mortgaged Property against loss by or damage on a “special cause of loss” form, such insurable hazards, casualties and contingencies as are included therein and otherwise as Bank may require, including without limitation fire, windstorm, rainstorm, vandalism, earthquake and, if all or any part of the Mortgaged Property shall at any time be located within an area identified by the government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. Mortgagor shall pay promptly when due any premiums on such insurance policies and on any renewals thereof. The form of extended coverage such policies and such other hazards as are provided for in the Underwriting Guidelinescompanies issuing them shall be acceptable to Bank. If required any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All such policies and renewals thereof shall be held by Bank and shall contain a “Bank’s loss payable” clause making losses payable to Bank. Losses shall not be payable to any other party without Bank’s prior written consent. In the National Flood Insurance Act event of 1968loss, Mortgagor will give immediate written notice to Bank and Bank may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Bank as amended, each Mortgage Loan is covered by a flood insurance policy meeting its attorney-in-fact). In the requirements event of the current guidelines foreclosure of this Mortgage or any other transfer of title to the Federal Insurance Administration as Mortgaged Property in effect which policy conforms with full or partial satisfaction of Borrower’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the Underwriting Guidelinespurchaser or grantee. All individual insurance such policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgageeshall provide that they shall not be modified, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder cancelled or terminated without at least thirty (30) days’ prior written notice to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor Bank from the Mortgagor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Subsidiary Stock Pledge Agreement (Quixote Corp), Subsidiary Stock Pledge Agreement (Quixote Corp)

Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as 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 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 manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to 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 event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the MortgageDeclaration, 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(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(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 Property is acquired by Lender, all buildings 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 Property prior to the sale or other improvements upon acquisition shall pass to Lender to the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge Deed of the Mortgagor's having engaged in, any act Trust immediately prior to such sale 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 2 contracts

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer 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 Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 3.09. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms to the requirements of Section 3.09. All premiums that were due and payable with respect to such hazard insurance policies on or prior to the Underwriting GuidelinesClosing Date have been paid. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer 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 includingeither, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 2 contracts

Samples: Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3)

Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required uponorigination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by a 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 & Mitigation Administration as is in effect which policy conforms with the Underwriting Guidelinesto all Applicable Requirements. 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 Borrower thereunder to maintain the hazard all insurance policy policies at the Mortgagor's Borrower’s cost and expense, and on the Mortgagor's Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Borrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, the Mortgagor Borrower 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 binding obligation of the insurerInsurer, 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 Borrower 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.

Appears in 2 contracts

Samples: Loan Purchase Agreement, Loan Purchase Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 (based upon reasonable and diligent inquiry) of the Mortgagor's ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 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 acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xxxxxexxx of the Mortgagor, any Subservicer or any prior originator or subservicer'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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

Hazard Insurance. Pursuant to Borrower shall keep the terms of Property and all improve- ments now existing or hereinafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, all hazards of included within the term "extended coverage coverage", and such any other hazards as are provided for which the Lender requires insurance. This insurance shall be maintained in the Underwriting Guidelinesamounts and for the periods that Lender may re- quire. If required The carrier providing the insurance shall be chosen by the National Flood Insurance Act of 1968Borrower subject to Lender's reasonable approval. All insurance policies and renewals shall be in a form that is accept- able to the Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals, as amended, each Mortgage Loan is covered by a flood insurance policy meeting and shall be deemed to be the requirements attorney-in-fact of the current guidelines Borrower for the purpose of settling, com- promising, or otherwise dealing with any such policies or the proceeds there from, and is hereby appointed attorney in fact for said purposes, said ap- pointment to be deemed to be coupled with an interest and irrevocable. Bor- rower shall promptly give the Lender all receipts of paid premiums and renew- al notices. In the event that Borrower shall fail to provide such paid re- ceipts, or in the event that the Lender is notified by the insurer of cancel- lation of coverage, Lender may insure the premises, at the expense of the Federal Insurance Administration Borrower, on a "flat basis" or otherwise with an insurer of the Lender's se- lection, in such amounts and at such premium charges as the Lender may deter- mine to be available or reasonable, and any such policy may provide that the Lender is the only named insured thereunder and that the Borrower shall have no benefit of insurance under any such policy, nor any claim thereon whatso- ever in effect which policy conforms the event of loss. In the event of loss, Borrower shall promptly give notice to the Lender and cooperate with the Underwriting GuidelinesLender in all matters of settlement. All individual Lender may make proof of loss on any such policy. Unless Lender and Borrower otherwise agree in writing, insurance policies contain a standard mortgagee clause naming proceeds shall be (1) ap- plied to restoration or repair of the Seller and its successors and assigns as mortgageeProperty damages if: (A) restoration or repair is economically feasible, (B) the Borrower is fully current in all obligations of payment, and (C) the Lender's security interest is not less- ened thereby (as determined in the sole subjective evaluation of the Lender), and then (2) otherwise paid to the Lender. In the event that the Lender de- termines repair or restoration not to be economically feasible, or in the event that the Borrower is not fully current in the Borrower's obligations to the Lender, then the Lender may at the Lender's option demand that all premiums thereon have been paidinsur- ance proceeds be applied to the sums secured by this Security Agreement, whether or not then due, with any excess paid to the Borrower. The Mortgage obligates Lender may accept any tender of settlement from an insurance carrier upon thirty days written notice to the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure Borrower of his intention to do so, authorizes and Borrower shall have no claim against the holder Lender or the insurer whatsoever thereafter. Unless otherwise agreed in writing, any application of proceeds of principal shall not exceed or postpone the due date of the Mortgage monthly payments referred to obtain in paragraph 1 and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from 2 or change the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier amount of the required hazard insurance, provided payments. If the policy Property is not a "master" or "blanket" hazard insurance policy covering a condominiumacquired by the Lender, or any hazard insurance policy covering sold to a third party by the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation Lender by execu- tion of the insurerPower of Sale or otherwise, is in full force and effect, and will be in full force and effect and inure all Borrower's rights to any insur- ance policies or proceeds shall pass to the benefit of Lender or to any purchaser and the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has Borrower shall have 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;further claim thereon.

Appears in 1 contract

Samples: Security Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the applicable Underwriting Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan 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 with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Xxxxxxxxx’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 binding obligation of the insurer, insurer and 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 ’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 such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the Underwriting applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Agency Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan 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 with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 binding obligation of the insurer, insurer and 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 ’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 such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming named by the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 or any subservicer'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 either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Hazard Insurance. Pursuant The Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy insuring any leasehold improvements paid for by Tenant and all fixtures, equipment, and other personal property of Tenant against damage or destruction by fire or other casualty in an amount equal to the terms full replacement cost of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer such property. Tenant shall also maintain insurance against loss by fire, hazards of extended coverage and such other hazards as are may from time to time reasonably be required by Landlord or the holder of any mortgage on the Premises, provided for that such insurance is customarily carried in the Underwriting Guidelinesarea in which the Premises are located on property similar to the Building and that Tenant receives written notice specifying all such additional insurance as may be required. If required by the National Flood Insurance Act At Landlord’s request, any such policies of 1968, insurance shall name any such mortgagee 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 with the Underwriting Guidelines. All individual insurance policies contain loss payee under a standard mortgagee clause naming mortgagee’s clause. Notwithstanding the Seller foregoing, Tenant shall be permitted to self-insure its fixtures, equipment and its successors and assigns as mortgageeother personal property from time to time located in, on or about the Premises, and all premiums thereon have been paidleasehold improvements to the Premises constructed or installed by Tenant, provided that at all times when Tenant so self-insures the same or any portion thereof, Tenant’s net worth shall be and remain at least Twenty Million and 00/100 Dollars ($20,000,000.00). The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder During all periods in which Tenant so self-insures any of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulationsame, the Mortgagor has been given rights and obligations of Landlord and Tenant shall remain the same as if Tenant shall have purchased and kept in force thereon insurance from an opportunity to choose independent, institutional insurer of recognized responsibility, and, without limitation, the carrier provisions 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 Sections 10.2 and 11.5 of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is this Lease shall remain in full force and effect. The Tenant represents, by so self-insuring, that Tenant then is financially able to absorb any loss thereto without significant reduction of available capital or any other material, adverse effect on Tenant or its business operations, and will be that Tenant then is of at least such minimum net worth. The Landlord shall maintain in full force and effect and inure to throughout the benefit Lease Term a policy of the Purchaser insurance upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, Building 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 its fixtures and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;equipment.

Appears in 1 contract

Samples: Lease (Metabolix, Inc.)

Hazard Insurance. Pursuant to the terms of of: (i) the MortgageMH Loan, all buildings or other improvements upon the Mortgaged Property are MH Contract, the MH Note, the related Manufactured Home is insured by a generally acceptable insurer Qualified Insurer against loss by fire, hazards fire and such other risks as are usually insured against in the broad form of extended coverage and hazard insurance available from time to time. All such other hazards as are provided for in insurance policies (collectively, the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood "hazard insurance policy meeting policy") meet the requirements of the current guidelines of the Federal Insurance Administration Administration, and conform to Accepted Servicing Practices, and are a standard policy of insurance for the locale where the related Manufactured Home is located. The amount of the insurance is at least in the amount of the full insurable value of the related Manufactured Home on a replacement cost basis or the unpaid balance of the MH Loan, whichever is less. The hazard insurance policy names (and will name) the Obligor as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain insured and contains a standard mortgagee loss payable clause naming the in favor of Seller (or Seller's servicer) and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage MH Note and/or the MH Contract obligates the Mortgagor Obligor thereunder to maintain the hazard insurance policy at the MortgagorObligor's cost and expense, and on the MortgagorObligor's failure to do so, authorizes the holder of the Mortgage MH Note and/or the MH Contract to obtain and maintain such insurance at such MortgagorObligor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 developmentObligor. The hazard insurance policy is the valid and binding obligation of the insurer, . The hazard insurance policy is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Repurchase Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having nor have any originator or any subservicer engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement endorsements provided for hereintherein, or the validity and binding effect of either including, without limitationeither. In connection with the issuance of the hazard insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no . No such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Affordable Residential Communities Inc)

Hazard Insurance. Pursuant With respect to the terms of Loans, either (i) the Mortgage, all buildings or other improvements upon a Mortgaged Property are covered by a valid and existing fire and hazard insurance policy with a generally acceptable carrier that provides for extended coverage customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fireis located, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan that 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 endorsed with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming with losses payable to Seller or REO Entity, as applicable, in an amount that is at least equal to the lesser of (A) the unpaid principal balance of such Loans, (B) the full insurable value of the Mortgaged Property, or (C) the minimum amount required to compensate for damage or loss on a replacement cost basis; or (ii) the related Servicer maintains a blanket policy that insures against fire and hazards and provides for extended coverage on the Loans for which no insurance of the type described in clause (i) exists and which names Seller or REO Entity, as applicable, as loss payee and its successors and assigns as mortgageeprovides for coverage in an amount equal to the aggregate unpaid principal balance of all such Loans, and all premiums thereon have been paidwithout co-insurance. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor therefore from the Mortgagor. Where If required by state law or regulationthe terms of the applicable Loan, the Mortgagor related Servicer has been given an opportunity to choose established and maintained escrow accounts for the carrier collection 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 premiums from the common facilities of a planned unit developmentMortgagor as permitted by applicable law. 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 Buyer’s benefit upon the benefit sale of the Purchaser upon beneficial interests in the consummation Loans to Buyer. Such insurance policy requires prior notice to Seller or the related Servicer of termination or cancellation, and no such notice has been received. Seller, REO Entity and the transactions contemplated by this Agreement. The Seller has related Servicer have not engaged in, and neither Seller nor REO Entity has no any knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement any endorsements provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms 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 MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured 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 generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagor's failure maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to do so, authorizes purchase and keep in force fire and extended coverage insurance covering loss or damage to the holder Premises in amounts equal to the full replacement cost of the Mortgage Premises as determined by Lessor, with proceeds payable to obtain and maintain such Lessor. Lessee acknowledges that the insurance at such Mortgagorreferenced 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 and expenseof 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 to seek reimbursement therefor from Lessee does not occupy the Mortgagor. Where required by state law or regulationentire Premises, the Mortgagor has been given an opportunity insurance premiums and deductibles shall be allocated to choose the carrier portion of the required hazard insurancePremises occupied by Lessee on a pro-rata square footage or other equitable basis, provided as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the policy is not a "master" 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 "blanket" hazard insurance policy covering a condominiumdamage caused to Lessor or Lessee as the case may be, or to the Premises, the Building, or its contents, and which may arise from any hazard insurance policy covering the common facilities of a planned unit developmentrisk generally covered by fire and extended coverage insurance. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation 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 insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the date of loss during the next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for Lessee's pro-rata share of the Purchaser upon the consummation cost 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: Plans And (General Surgical Innovations Inc)

Hazard Insurance. Pursuant to the terms of the MortgageMortgagor shall, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, and on the Mortgagor's failure obtain for, deliver to, assign to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such for the benefit of Lender, until Mortgagor's cost and expense’s Liabilities are paid in full, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier policies of the required hazard insurance, provided the policy is in an amount which shall be 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 binding obligation less than 100% of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit insurable replacement cost of the Purchaser upon Mortgaged Property (except the consummation Land), insuring on a replacement cost basis the Mortgaged Property with “causes of the transactions contemplated by this Agreement. The Seller has not engaged inloss-special form” coverage and insuring against such other hazards, casualties and has no knowledge of the Mortgagor's having engaged incontingencies as Lender may require, 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, including without limitation, no unlawful feeif requested by Lender, commissionearthquake, kickback and, if all or other unlawful compensation or value any part of the Mortgaged Property shall at any kind has been or will time be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized located within an area identified by the Seller;government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. If any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All policies of hazard insurance shall contain a “lender’s loss payable” endorsement and shall provide that no losses shall be payable to any other parties without Lender’s prior written consent. The form of such policies, the amounts and the companies issuing them shall be acceptable to Lender. Originals or certified copies of all policies shall be delivered to and retained by Lender. Mortgagor shall pay on or before the due dates thereof premiums on all insurance policies and on any renewals thereof. In the event of loss, Mortgagor will give immediate written notice to Lender and Lender may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Lender as its attorney-in-fact). In the event of the foreclosure of this Mortgage or any other transfer of title to the Mortgaged Property in full or partial satisfaction of Mortgagor’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser LaSalle Bank National Association April 20, 2005 Page 6 or grantee. All such policies shall provide that they shall not be modified, cancelled or terminated without at least thirty (30) days’ prior written notice to Lender from the insurer.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Quixote Corp)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms 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 MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured 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 generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's 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. 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. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagorfull cost of said insurance as evidenced by insurance xxxxxxxx to the Lessor which shall be included in Lessee's failure 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 do so, authorizes the holder portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee 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, the Building, or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage 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 parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation 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 insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation 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 transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge full cost 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: Photon Dynamics Inc

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms with the Underwriting Guidelines. 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 paideffect. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 or any subservicer'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 either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Purchase and Assignment Agreement (CWHEQ, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the FHA, VA or GNMA as applicable in accordance with the requirements thereof against loss by fire, hazards of included within an extended coverage liability policy and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance is required by the National Flood Insurance Act of 1968, as amended, each 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 applicable guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelineseffect. 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 the hazard insurance policy at the Mortgagor's ’s cost and expense, and flood insurance, if applicable, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 and, if applicable, flood 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 on behalf of the GNMA upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.

Appears in 1 contract

Samples: Agreement (Crescent Banking Co)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms 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 Mortgagesaid Premises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured 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 generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's 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 Premises in an amount equal to the full replacement cost 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 Mortgagorfull cost of said insurance as evidenced by insurance xxxxxxxx to the Lessor. It is understood and agreed that Lessee's failure obligation under this paragraph will be prorated to do soreflect the Commencement Date and Termination Date of this Lease. Notwithstanding any provisions to the contrary in the Lease, authorizes Lessor and Lessee hereby waive any rights each may have against the holder of other related to any loss or damage caused to the Mortgage Lessor or the Lessee as the case may be, or to obtain and maintain such insurance at such Mortgagor's cost and expensethe Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage 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 parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against the insurerLessor or the Lessee, is as the case may be. Lessor shall maintain in full force and effect, a policy of rental loss insurance, in an amount equal to the amount of Rent payable by Lessee commencing on the date of loss during the next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor unless Lessee notifies Lessor in writing that Lessee will provide the loss of rents coverage required herein. Lessee shall reimburse Lessor for the full cost of said rental loss insurance coverage. Lessee may provide all of the policies of insurance required in Section 6 provided the policies meet the standards of Lessor below and will be are paid 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Lessee:

Appears in 1 contract

Samples: Mission West Properties/New/

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxxx Mac and Xxxxxx Mae against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 Originator has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer 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 includingeither, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968area where such Mortgaged Property is located, as amended, each Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseither SECTION 5.10 or SECTION 5.11. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or PUD project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard 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. The insurance policy covering contains a condominiumstandard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), or any hazard insurance policy covering the common facilities of a planned unit developmentas insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit 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 Purchaser upon "master" policy and would be acceptable pursuant to 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerFNMA Guide;

Appears in 1 contract

Samples: Servicing Agreement (Prime Mortgage Trust 2005-5)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagorthx Xxxxxxxor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by a 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 & Mitigation Administration as is in effect which policy conforms with the Underwriting Guidelinesto all Applicable Requirements. 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 Borrower thereunder to maintain the hazard all insurance policy policies at the Mortgagor's Borrower’s cost and expense, and on the Mortgagor's Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Borrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, the Mortgagor Borrower 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 binding obligation of the insurerInsurer, 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 Borrower 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.

Appears in 1 contract

Samples: Loan Purchase Agreement

Hazard Insurance. Pursuant to the terms of the MortgageMortgagor shall, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, and on the Mortgagor's failure obtain for, deliver to, assign to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such for the benefit of Lender, until Mortgagor's cost and expense’s Liabilities are paid in full, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier policies of the required hazard insurance, provided the policy is in an amount which shall be 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 binding obligation less than 100% of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit insurable replacement cost of the Purchaser upon Mortgaged Property (except the consummation Land), insuring on a replacement cost basis the Mortgaged Property with “causes of the transactions contemplated by this Agreement. The Seller has not engaged inloss-special form” coverage and insuring against such other hazards, casualties and has no knowledge of the Mortgagor's having engaged incontingencies as Lender may require, 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, including without limitation, no unlawful feeif requested by Lender, commissionearthquake, kickback and, if all or other unlawful compensation or value any part of the Mortgaged Property shall at any kind has been or will time be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized located within an area identified by the Seller;government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. If any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All policies of hazard insurance shall contain a “lender’s loss payable” endorsement and shall provide that no losses shall be payable to any other parties without Lender’s prior written consent. The form of such policies, the amounts and the companies issuing them shall be acceptable to Lender. Originals or certified copies of all policies shall be delivered to and retained by Lender. Mortgagor shall pay on or before the due dates thereof premiums on all insurance policies and on any renewals thereof. In the event of loss, Mortgagor will give immediate written notice to Lender and Lender may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Lender as its attorney-in-fact). In the event of the foreclosure of this Mortgage or any other transfer of title to the Mortgaged Property in full or partial satisfaction of Mortgagor’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser or grantee. All such policies shall provide that they shall not be modified, cancelled or terminated without at least thirty (30) days’ prior written notice to Lender from the insurer.

Appears in 1 contract

Samples: Subsidiary Stock Pledge Agreement (Quixote Corp)

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Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is 100 covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 the GMAC-AmNet Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in Fremont's underwriting guidelines and by lenders of similar mortgage loans in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, 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 with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller Fremont and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 binding obligation of the insurer, is in full force and effect, and will be was in full force and effect and inure to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Seller Depositor 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 such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDepositor;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)

Hazard Insurance. Pursuant (a) TRUSTOR will keep the SECURITY insured by a standard all risk property insurance policy equal to the replacement value of the SECURITY (adjusted every five (5) years by appraisal, if requested by the TOWN). If the SECURITY is located in a flood plain, TRUSTOR shall also obtain flood insurance. In no event shall the amount of insurance be less than the amount necessary to prevent TRUSTOR from becoming a co- insurer under the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for policy. The insurance carrier providing this insurance shall be licensed to do business in the Underwriting Guidelines. If required State of California and be chosen by TRUSTOR subject to approval by the National Flood Insurance Act of 1968, 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 with the Underwriting GuidelinesTOWN. All individual insurance policies contain and renewals thereof will be in a form acceptable to the TOWN, and will include 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes with standard lender’s endorsement in favor of the holder of the Mortgage First Lender Note and the TOWN as their interests may appear and in a form acceptable to obtain the TOWN. The TOWN shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and TRUSTOR shall promptly furnish to seek reimbursement therefor the TOWN, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices, and all receipts of paid premiums. In the event of loss, TRUSTOR will give prompt notice to the insurance carrier and the TOWN or its designated agent. The TOWN, or its designated agent, may make proof of loss if not made promptly by TRUSTOR. The TOWN shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the TOWN in writing, insurance proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the SECURITY damaged. If permitted by TOWN, and subject to the rights of the First Lender, the insurance proceeds shall be used to repay any amounts due under the Resale Restriction Agreement, with the excess, if any, paid to TRUSTOR. If the SECURTY is abandoned by TRUSTOR or if TRUSTOR fails to respond to the TOWN, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to TRUSTOR that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity TOWN, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the TOWN’s option either to restoration or repair of the required hazard insuranceSECURITY or to pay amounts due under the Resale Restriction Agreement. If the SECURITY is acquired by the TOWN, provided the policy is not a "master" or "blanket" hazard all right, title, and interest of TRUSTOR in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the SECURITY prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is TOWN to the valid and binding obligation extent of the insurersums secured by this DEED OF TRUST immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;First Lender.

Appears in 1 contract

Samples: static1.squarespace.com

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in Section 2.10 of the Underwriting Guidelines. Interim Servicing Agreement attached hereto as Exhibit B. If required by the National Flood Insurance Act of 1968, 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 effect, which policy conforms with to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xectiox 0.00 of the Underwriting Guidelines. 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 paidpaid 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 or any servicer'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 such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)

Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property 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 with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, mortgagee and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that 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 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 Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's 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 validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSeller or Servicer;

Appears in 1 contract

Samples: Mortgage Loan Sale and Assignment Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for by prudent lenders in the Underwriting Guidelinessecondary mortgage market. If required by the National Flood Insurance Act of 1968, 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 with to those of prudent lenders in the Underwriting Guidelinessecondary mortgage market. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms 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 MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured 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 generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's 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. 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. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagorfull cost of said insurance as evidenced by insurance billxxxx xx the Lessor which shall be included in Lessee's failure monthly CAC.. If said insurance billxxxx xxxer the Premises, and Lessee does not occupy the entire Premises, the insurance premiums and deductibles shall be allocated to do so, authorizes the holder portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee 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 to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage 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 parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation 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 insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation 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 transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge full cost 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: On Command Corp

Hazard Insurance. Pursuant to Owner will keep the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are Security insured by a generally acceptable insurer against loss standard all risk property insurance policy equal to the replacement value of the Security (adjusted every five (5) years by fireappraisal, hazards of extended coverage and such other hazards as are provided for in if requested by the Underwriting GuidelinesAuthority). If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan Security is covered by located in a flood insurance policy meeting plain, Owner shall also obtain flood insurance. Owner may meet any or all of the requirements of this Section through insurance obtained by a homeowners' association provided evidence is submitted to the current guidelines Authority that such insurance covers the Security. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Owner subject to approval by the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesAuthority. All individual insurance policies contain and renewals thereof will be in a form acceptable to the Authority and will include 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 the hazard insurance policy at the Mortgagorwith standard lender's cost and expense, and on the Mortgagor's failure to do so, authorizes endorsement in favor of the holder of the Mortgage First Lender Note and the Authority as their interests may appear and in a form acceptable to obtain the Authority. The Authority shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and Owner shall promptly furnish to seek reimbursement therefor the Authority, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Owner will give prompt notice to the insurance carrier and the Authority or its designated agent. The Authority, or its designated agent, may make proof of loss if not made promptly by Owner. The Authority shall receive thirty (30) days' advance notice of cancellation of any insurance policies required under this section. Unless the Authority and Owner otherwise agree in writing, insurance and condemnation proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the Security 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 and condemnation proceeds will be used to pay any amounts due under the Resale and Refinancing Restriction Agreement, with the excess, if any, paid to Owner, subject to the provisions of paragraph 19 of the Resale and Refinancing Restriction Agreement which restricts the amounts of insurance proceeds and condemnation proceeds payable to Owner. If the Security is abandoned by Owner, or if Owner fails to respond to the Authority, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to Owner that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity Authority, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the Authority's option either to restoration or repair of the required hazard insuranceSecurity or to pay amounts due under the Resale and Refinancing Restriction Agreement. If the Security is acquired by the Authority, provided the policy is not a "master" or "blanket" hazard all right, title and interest of Owner in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the Security prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is Authority to the valid and binding obligation extent of the insurersums secured by this Deed of Trust immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;First Lender.

Appears in 1 contract

Samples: Resale and Refinancing Restriction Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Borrower 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 required as of the date of origination in accordance with the Underwriting Guidelines. If required 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 Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage 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 of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and applicable Borrower, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days' prior written notice to the mortgagee. No such notice has been received by the applicable Borrower. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. 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 binding obligation of the insurer, insurer and 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 No Borrowers have engaged in, and has no Borrowers have 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;a Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (American Business Financial Services Inc /De/)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for would be required by a prudent lender making mortgage loans similar to the Mortgage Loans as well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesInterim Servicing Agreement. If required by the National Flood Insurance Act of 1968, 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 is in effect which policy conforms with to the Underwriting Guidelinesrequirements of a prudent lender making mortgage loans similar to the Mortgage Loans, as well as all additional requirements set forth in Section 2.10 of the Interim Servicing Agreement. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. 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 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 or any servicer'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 includingsuch policy, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Representations and Warranties Agreement (GSAMP Trust 2006-He5)

Hazard Insurance. Pursuant to The Property securing the terms of the MortgageLoan is insured by a fire and extended perils insurance policy, all buildings or other improvements upon the Mortgaged Property are insured issued by a generally acceptable insurer against loss by fireinsurance carrier, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where such Property is located, and to the extent required by Seller as of the date on which the Loan was originated, and against other risks insured against by Persons operating like properties in the locality of such Property, in an amount not less than the greatest of (a) one hundred percent (100%) of the replacement cost of all improvements to such Property, or (b) the outstanding principal balance of the Loan, all in a form usual and customary in the industry and that is in full force and effect, and all amounts required to have been paid under any such policy have been paid. If required any portion of such 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 Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (a) the outstanding principal balance of the Loan, (b) the full insurable value of the Property, and (c) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Loan), as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 MortgagorBorrower'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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller. Seller has caused or will cause to be performed any and all acts required to preserve the Seller;rights and remedies of Buyer in any insurance policies applicable to the Loan including, without limitation, any necessary notifications of insurers, assignments of policies or interests therein, and establishments of coinsured, joint loss payee and mortgagee rights in favor of Buyer.

Appears in 1 contract

Samples: Master Loan Sale Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 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 acceptable pursuant to the Xxxxxx Mae Guides. The Seller has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Hazard Insurance. Pursuant Mortgagor shall keep or cause to the terms of the Mortgage, all buildings or other improvements upon 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 be written on a broad form Builder's All Risk, Completed Value non-reporting form, which shall include coverage therein for “completion and/or premises occupancy” and provide coverage of not less than coverage encompassed by Fire, Extended Coverage and Vandalism and Malicious Mischief perils broadened to so-called “Direct or All Risk of Physical Loss” (hereinafter collectively called the “Hazards and Risks”), all in formats reasonably approved by Mortgagee and in an amount equivalent to one hundred percent (100%) of the 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.” 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 full replacement cost of such property in order to prevent the insured therein named from becoming a generally acceptable co-insurer against of any loss by fire, hazards of extended coverage and under such other hazards as are 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 Underwriting Guidelinesselection 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 or A+ in Best's latest rating guide. If required All policies, including additional and renewal policies, shall contain an agreement by the National Flood Insurance Act of 1968insurer that such policy shall not be modified or cancelled without at least thirty (30) days prior written notice to Mortgagee, as amendedand all renewal policies, each Mortgage Loan is covered by a flood insurance policy meeting marked premium paid, shall also be delivered to Mortgagee at least thirty (30) days before the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesexpiration thereof. All individual insurance policies contain a standard mortgagee clause naming policies, including additional and renewal policies, shall be payable, in case of loss or damage, to Mortgagee as the Seller and its successors and assigns as 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 thereon have been paidand dividends. In the event of any loss, Mortgagor will give prompt 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 in excess of $10,000.00 (the “Threshold Amount”) under any of the insurance policies, to endorse Mortgagor's name on any document or instrument in payment of any insured loss in excess of the Threshold Amount 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 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 payment on any Indebtedness as secured hereby and, if any amounts are applied to principal, they shall be applied to installments in inverse order of maturity. The Mortgage obligates Mortgagee reserves the right to increase the amount of any insurance coverage required hereunder to an amount deemed reasonably necessary by the Mortgagee and to approve the form and content of all insurance policies evidencing such coverage. Any failure on the part of the Mortgagee to secure physical evidence of any insurance required herein shall not relieve the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;its responsibilities hereunder.

Appears in 1 contract

Samples: Sachem Capital Corp.

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Fannie Mae and Freddie Mac. If required upon origination of the Mortgage Loan, thx Xxxxgxxxd Proxxxxx xas in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Fannie Mae and Freddie Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approvxx Xxxod Policy Xxxxxxr. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 or any subservicer'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 either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-17)

Hazard Insurance. Pursuant to the terms If any buildings now or hereafter constitute part of the MortgageMortgaged Property, all buildings or other improvements upon Mortgagors shall keep the Mortgaged Property are same insured by a generally acceptable insurer against loss or damage by fire, fire and other hazards of included within the term "extended coverage coverage," and against such other hazards as are provided for Mortgagee may require, in the Underwriting Guidelinesfull insurable value thereof (or such lesser amounts as Mortgagee may authorize in writing), with an insurer of high financial reputation and to which Mortgagee has no reasonable objection. If required by the National Flood Insurance Act The policy or policies of 1968, 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 with the Underwriting Guidelines. All individual insurance policies shall contain a standard mortgagee clause naming in favor of Mortgagee and shall be delivered to Mortgagee. Mortgagors shall pay all premiums and charges for the Seller maintenance and its successors and assigns as mortgageerenewal of the insurance, and all premiums thereon have been paidshall furnish Mortgagee with receipts and proofs thereof not less than ten days before the expiration thereof, without notice or demand from Mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure If Mortgagors fail to do so, authorizes then Mortgagee, without waiving the holder option to foreclose, may obtain such insurance for the protection of Mortgagee, and any expenses reasonably incurred by Mortgagee in so doing shall become part of the Mortgage to obtain indebtedness secured hereby, shall, at the option of Mortgagee, become immediately due and maintain such insurance at such Mortgagor's cost and expensepayable, and to seek reimbursement therefor from shall bear interest at the Mortgagorhighest lawful rate specified in any note evidencing any indebtedness secured hereby. Where required by state law or regulationIn the event of loss, the Mortgagor has been given an opportunity insurance proceeds shall be applied by Mortgagee to choose the carrier reduction of the required hazard insuranceindebtedness secured hereby, provided or to the restoration and repair of the Mortgaged Property, at the option of the Mortgagee. Mortgagee shall have the full power to settle or compromise claims under all policies and to demand, receive, and receipt for all moneys becoming payable thereunder. In the event of foreclosure of this Mortgage or transfer of the Mortgaged Property in full or partial satisfaction of the indebtedness secured hereby, all interest of Mortgagors in the policy is or policies of insurance (including any claim to proceeds attributable to losses previously occurring but not a "master" or "blanket" hazard insurance policy covering a condominiumyet paid to Mortgagors) shall pass to the purchaser, grantee, or any hazard insurance policy covering the common facilities of a planned unit development. 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;transferee.

Appears in 1 contract

Samples: Real Estate Mortgage and Security Agreement (La Man Corporation)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 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 acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowledxx xx the Mortgagor, any Subservicer or any prior originator or subservicer'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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

Hazard Insurance. Pursuant to The Mortgage Property is covered by a policy of hazard insurance and insurance against other insurable risks and hazards as are customary in the terms of the Mortgage, all buildings or other improvements upon area where the Mortgaged Property are insured is located in such amounts as required by a generally acceptable insurer against loss by firethe applicable Approved Investor and in accordance with the Seller’s underwriting guidelines and the Agency Guides, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinesapplicable. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the 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 with the Underwriting Guidelinesto Agency Guides. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee. No notice of reduction, and all termination or cancellation has been received by Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. 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 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 ’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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller, in any case to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

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

Hazard Insurance. Pursuant to the terms of the MortgageMortgagor shall, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, and on the Mortgagor's failure obtain for, deliver to, assign to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such for the benefit of Lender, until Mortgagor's cost and expense’s Liabilities are paid in full, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier policies of the required hazard insurance, provided the policy is in an amount which shall be 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 binding obligation less than 100% of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit insurable replacement cost of the Purchaser upon Mortgaged Property (except the consummation Land), insuring on a replacement cost basis the Mortgaged Property with “causes of the transactions contemplated by this Agreement. The Seller has not engaged inloss-special form” coverage and insuring against such other hazards, casualties and has no knowledge of the Mortgagor's having engaged incontingencies as Lender may require, 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, including without limitation, no unlawful feeif requested by Lender, commissionearthquake, kickback and, if all or other unlawful compensation or value any part of the Mortgaged Property shall at any kind has been or will time be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized located within an area identified by the Seller;government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. If any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All policies of hazard insurance shall contain a “lender’s loss payable” endorsement and shall provide that no losses shall be payable to any other parties without Lender’s prior written consent. The form of such policies, the amounts and the companies issuing them shall be acceptable to Lender. Originals or certified copies of all policies shall be delivered to and retained by Lender. Mortgagor shall pay on or before the due dates thereof premiums on all insurance policies and on any renewals thereof. In the event of loss, Mortgagor will give immediate written notice to Lender and Lender may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Lender as its attorney-in-fact). In the event of the foreclosure of this Mortgage or any other transfer of title to the Mortgaged Property in full or partial satisfaction of Mortgagor’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser LaSalle Bank National Association April 20, 2005 Page 45 or grantee. All such policies shall provide that they shall not be modified, cancelled or terminated without at least thirty (30) days’ prior written notice to Lender from the insurer.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Quixote Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. 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 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 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 acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowlxxxx xf the Mortgagor, any Subservicer or any prior originator or subservicer'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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by in a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required manner prescribed by the National Flood Insurance Act of 1968, Senior Lender(s) (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 defined in effect which policy conforms with the Underwriting GuidelinesParagraph 16). All individual insurance policies contain and renewals of them shall include a standard mortgagee clause naming in favor of and in form acceptable to Lender. Borrower shall promptly furnish to Lender all renewal notices of such insurance policies and all receipts of paid premiums. In the Seller event of loss, Borrower shall give prompt notice to the insurance carrier and its successors Lender. Lender may make proof of loss, if not made promptly by Xxxxxxxx. Subject to the rights of the Senior Lender(s), unless Xxxxxx and assigns as mortgageeBorrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of that part of the Property damaged, if such restoration or repair is economically feasible and the security of this Mortgage is not impaired by such restoration or repair. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired by such restoration or repair, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to the Borrower. If the Property is abandoned by the Borrower, or if Xxxxxxxx fails to respond to Lender within thirty (30) days from the date notice is mailed by Xxxxxx to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Xxxxxx is authorized to collect and apply the insurance proceeds, at Lender’s option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of payments referred to in Paragraph 1, or change the amount of such payments. If, under Paragraph 17, the Property is acquired by Xxxxxx, all right, title and interest of Borrower in and to any insurance policies, and all premiums thereon have been paid. The Mortgage obligates in and to the Mortgagor thereunder proceeds of them resulting from damage to maintain the hazard insurance policy at Property prior to the Mortgagor's cost and expensesale or acquisition, and on shall pass to Lender to the Mortgagor's failure to do so, authorizes the holder extent of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: www.ihda.org

Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property 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 with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, mortgagee and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that 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 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 Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's 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 validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSeller or Servicer;

Appears in 1 contract

Samples: Execution (Greenpoint Mortgage Funding Trust 2005-He3)

Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used, for any purpose other than that for which the terms said Premises am hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, 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 with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (at Landlord's failure election), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building as determined by Landlord's insurance company's appraisers. The Tenant agrees to pay to the Landlord as additional rent, on demand, the full cost of said insurance as evidenced by insurance xxxxxxxx to the Landlord, and in the event of damage covered by said insurance, the amount of any deductible under such policy. Tenant shall have the to specify the amount of any insurance policy to be carried by Landlord under this Lease and shall reimburse Landlord for the premiums payable with respect to insurance policies for which Tenant is responsible containing the deductible so specified by Tenant or on insurance policies for which Tenant fails to specify a deductible amount within ten (10) days following Landlord's written demand for such deductible specification. In the event of damage to the Premises covered by Landlord's "all risk" casualty policy (and not caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents, contractors, subcontractors, or invitees), Tenant shall pay the amount of any deductible under such policy if this Lease is not terminated in connection with such casualty as provided in paragraph 28. Payment shall be due to Landlord within ten (10) days after written invoice to Tenant. Notwithstanding the foregoing, Tenant's obligation to pay for the cost of any earthquake insurance premiums shall be limited to an amount equal or less than four (4) times the cost of the fire and extended coverage premiums. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain worker's compensation and maintain public liability and property damage insurance for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and property damage. Tenant shall name Landlord and Landlord's lender as an additional insured, shall deliver a copy of the policies and renewal certificate to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance at such Mortgagorwhich may be reasonably required to cover future risks. It is understood and agreed that Tenant's cost obligation under this paragraph will be prorated to reflect the commencement and expensetermination dates of this Lease. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned to the Landlord or the Tenant as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk covered by state law or regulationtheir respective insurance policies, 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 developmentas set forth above. The hazard parties shall use their best efforts to obtain from their respective 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 companies a waiver of any such policy, right of subrogation which said insurance company may have against the benefits of the endorsement provided for herein, Landlord or the validity and binding effect of either includingTenant, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by as the Seller;case may be.

Appears in 1 contract

Samples: Agreement (Concentric Network Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, 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 with the Underwriting Guidelines. 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 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 acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge knxxxxxxe of the Mortgagor, any Subservicer or any prior originator or subservicer'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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

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

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesGuidelines and by lenders of similar mortgage loans in the secondary market. If required by the National Flood Insurance Act of 1968, 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 with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. 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 paidpaid 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all ----------------- buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of [the Servicing Agreement]. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance was required by the National Flood Insurance Act of 1968, as amended, each 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 guidelines-of the Federal Insurance Administration as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of [the Servicing Agreement]. [sic] 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 the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 Buyer 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any an attorney, firm or other person or entity, entity and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Master Repurchase Agreement (Preferred Credit Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable an insurer who meets Fannxx Xxx xxx/or Fredxxx Xxx guidelines 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 the Underwriting Guidelines. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance was required by the National Flood Insurance Act of 1968, as amended, each 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 as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller loan originator or the Borrower and its respective successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. 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 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 Lender upon the consummation of the transactions contemplated by this Loan Agreement. The Seller Borrower 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any an attorney, firm or other person or entity, entity and no such unlawful items have been received, retained or realized by the SellerBorrower;

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

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