Common use of Maintenance of Hazard Insurance Clause in Contracts

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Ce Se 02-Cb6), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Cert Se 03 Cb6)

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Maintenance of Hazard Insurance. The Servicer shall cause to be maintained (in the event that the related Mortgagor fails to maintain) for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to such Applicable Regulations as provided under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide are Qualified Insurers and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 10 contracts

Samples: Reconstituted Servicing Agreement (HarborView Mortgage Loan Trust 2005-15), Master Interim Servicing Agreement (Luminent 2006-4), Master Interim Servicing Agreement (HarborView 2007-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan maintained, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Mortgage Loan and any Prior Lien, (b) the full insurable value of the premises securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage LoanLoan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection applicable Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Money Store Trust 1996-C), Sub Servicing Agreement (TMS Mortgage Inc), Pooling and Servicing Agreement (TMS Mortgage Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Xxxxxx Xxx Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Xxxxxx Mae and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 9 contracts

Samples: Servicing Agreement (SACO I Trust 2006-6), Servicing Agreement (SACO I Trust 2006-7), Servicing Agreement (SACO I Trust 2006-8)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to replacement value of the improvements which that are a part of such property on a replacement cost basis, Mortgaged Property and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in Loan and (b) an amount not less than such amount as is necessary that the proceeds of such policy shall be sufficient to prevent the related Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer insurer. Each such policy of standard hazard insurance shall contain, or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in have an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made availableaccompanying endorsement that contains, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedstandard mortgagee clause. The Servicer shall also maintain cause flood insurance to be maintained on the REO Property for the benefit property acquired upon foreclosure or deed in lieu of the Certificateholdersforeclosure of any Mortgage Loan, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973standards described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, property thus acquired or amounts released to the Mortgagor in accordance with the Servicer's normal servicing procedures, ) shall be deposited in the Collection Account. Any cost incurred by the Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent and as otherwise permitted by Section 3.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the required of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies area is participating in the national flood insurance program, the Servicer shall cause flood insurance to be maintained with respect to such Mortgage Loan. Such flood insurance shall be endorsed with standard mortgagee clauses with loss payable in an amount equal to the Servicer and shall provide for at least thirty days prior written notice lesser of any cancellation(i) the original principal balance of the related Mortgage Loan, reduction in (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of or material change in coverage to such insurance available for the Servicerrelated Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall not interfere with In the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, event that the Servicer shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10, it being understood and agreed that such policy may contain a deductible clause on terms substantially equivalent to those commercially available and maintained by comparable servicers. If such policy contains a deductible clause, the Servicer shall, in the event that there shall not accept have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10, and there shall have been a loss that would have been covered by such policy, deposit in the Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as servicer of the Mortgage Loans, the Servicer agrees to present, on behalf of itself, the Depositor and the Trustee for the benefit of the Certificateholders, claims under any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedblanket policy.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Mort Ln Ast BCK CTS Ser 2003-Bc1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-” or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 9 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account a restricted escrow account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to such Applicable Regulations as provided for under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide of B:III or better and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2004-6), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Fxxxxx Mae Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fxxxxx Mxx and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2), Custodial Agreement (Bear Stearns ARM Trust 2007-4), Servicing Agreement (Prime Mortgage Trust 2007-1)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (with an insurance company acceptable to Xxxxxx Mae or Xxxxxxx Mac) for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the related Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an Loan and (b) the minimum amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer's normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount of or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies currently reflect company that does not at that time maintain a general policy rating General Policy Rating of B:VI -III or better in Best's Key Rating Guide and are Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2006-10n), Sale and Servicing Agreement (Structured Asset Securities Corp), Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the unpaid principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified on a Flood Hazard Boundary Map issued by the Federal Emergency Management Agency or is identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrierQualified Insurer, in an amount representing coverage not less than the least of (i) the Principal Balance unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing proceduresAccepted Servicing Practices, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.05Subsection 11.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the FNMA Guides or such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedQualified Insurers.

Appears in 6 contracts

Samples: Mortgage Loan Purchase and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3), Mortgage Loan Purchase and Servicing Agreement (CSAB Mortgage-Backed Trust 2007-1), Reconstituted Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-5)

Maintenance of Hazard Insurance. (a) The Servicer shall cause to be maintained for each first lien Mortgage Loan serviced by it fire and hazard insurance with extended coverage as is customary in the area where the related Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) 100% of the amount necessary to fully compensate for any damage or loss to replacement value of the improvements which are a part of such property on a replacement cost basis, securing the Mortgage Loan or (ii) the Unpaid Principal Balance of the Mortgage Loan, Loan (so long as it equals at least 80% of the insurable value of the improvements); provided that in each any case in an amount not less than such amount as is necessary shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area then identified in on a flood hazard boundary map or flood insurance rate map issued by the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made is then available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, if such insurance is available. Such flood insurance shall be in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan or Loan, and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which that is at least equal to the replacement cost maximum insurable value of the improvements which that are a part of such property, (y) public liability insurance and, and (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to shall be deposited paid over or applied by the Servicer in the Escrow Account and applied to accordance with Applicable Requirements whether (i) for the restoration or repair of the Mortgaged Property or REO Property, or released subject to the related Mortgage, (ii) for release to the Mortgagor or (iii) for application in accordance with reduction of the Servicer's normal servicing proceduresMortgage Loan, in which event such amounts shall be deposited in the Collection Account, subject to withdrawal pursuant to as provided in Section 3.052.4. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount of amount, or material change in coverage to the Servicercoverage. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his the Mortgagor's insurance carrier or agent, agent upon any policy renewal; provided, however, that upon any such policy renewal, the Servicer shall not accept any such insurance policies only from insurance companies unless such companies currently reflect that (x) have a general policy rating of B:VI III or better in Best's Key Rating Guide or a financial performance index rating of 6 or better in Best's Insurance Reports, and (y) are licensed to do business in the state wherein jurisdiction in which the property subject to the policy related Mortgaged Property is located.

Appears in 6 contracts

Samples: Servicing Agreement (Banc of America Funding 2006-6 Trust), Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (Banc of America Funding 2006-5 Trust)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iiiii) the maximum greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds of such policy shall be sufficient to prevent the related Mortgagor and/or mortgagee from becoming a co-insurer. Each such policy of standard hazard insurance which is available under the Flood Disaster Protection Act of 1973shall contain, as amendedor have an accompanying endorsement that contains, a standard mortgagee clause. The Master Servicer shall also maintain cause flood insurance to be maintained on the REO Property for the benefit property acquired upon foreclosure or deed in lieu of the Certificateholdersforeclosure of any Mortgage Loan, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures, ) shall be deposited in the Collection Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 3.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the required of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies area is participating in the national flood insurance program, the Master Servicer shall cause flood insurance to be maintained with respect to such Mortgage Loan. Such flood insurance shall be endorsed with standard mortgagee clauses with loss payable in an amount equal to the lesser of (i) the original principal balance of the related Mortgage Loan, (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of such insurance available for the related Mortgaged Property under the Flood Disaster Protection Act of 1973, as amended. In the event that the Master Servicer shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall provide for at least thirty days prior written notice of any cancellation, reduction conclusively be deemed to have satisfied its obligations as set forth in the amount first sentence of or material change this Section 3.10, it being understood and agreed that such policy may contain a deductible clause on terms substantially equivalent to those commercially available and maintained by comparable servicers. If such policy contains a deductible clause, the Master Servicer shall, in coverage to the Servicer. The Servicer event that there shall not interfere have been maintained on the related Mortgaged Property a policy complying with the Mortgagor's freedom first sentence of choice this Section 3.10, and there shall have been a loss that would have been covered by such policy, deposit in selecting either his insurance carrier or agentthe Certificate Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, providedthe Master Servicer agrees to present, howeveron behalf of itself, that the Servicer shall not accept Depositor and the Trustee for the benefit of the Certificateholders, claims under any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedblanket policy.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien First Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Unpaid Principal Balance of the Mortgage Loan and any mortgage loan senior to the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Unpaid Principal Balance of the Mortgage Loan and any mortgage loan senior to the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersOwner, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's ’s Key Rating Guide or are otherwise acceptable to Xxxxxx Xxx or Xxxxxxx Mac and are licensed to do business in the state wherein the property subject to the policy Mortgaged Property is located. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner’s association, including hazard, flood, liability, fidelity coverage and coverage for common areas, is being maintained in accordance with Acceptable Servicing Practices, and secure from the owner’s association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security.

Appears in 5 contracts

Samples: Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied which is at least equal to the restoration or repair lesser of (a) the maximum insurable value of the Mortgaged Property or REO Property, or released to improvements which are a part of such property and (b) the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect outstanding principal balance of the related Mortgage Loan, other than pursuant to such Applicable Regulations as shall Loan at any the time be in force it became an REO Property plus accrued interest at the Note Rate and as shall require such additional insurancerelated Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, or upon request to the Purchaser, and shall provide for at least thirty 30 days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policy policyholder's rating of B:VI B+ or better and a financial size category of III or better in Best's Key Rating Guide Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the property subject to the policy related Mortgaged Property is located.. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a

Appears in 5 contracts

Samples: Servicing Agreement (Merrill Lynch Mort Investors Inc Trust Series MLCC 2003-D), Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Maintenance of Hazard Insurance. The Servicer Purchaser shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (a) the full insurable value of the Mortgaged Property or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to outstanding principal balance owing on the improvements which are a part of such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary that the proceeds of such insurance shall be sufficient to prevent avoid the application to the Mortgagor and/or or loss payee of any coinsurance clause under the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationspolicy. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, the Servicer ) Purchaser will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (ia) the Principal Balance outstanding principal balance of the Mortgage Loan, (iib) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiic) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, each as amended. The Servicer Purchaser shall also maintain on the REO Property for the benefit property acquired upon foreclosure, or by deed in lieu of the Certificateholdersforeclosure, (x) of any Mortgage Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Purchaser under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor in accordance with the Servicer's normal servicing procedures, Customary Servicing Procedures) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.05this Exhibit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Purchaser of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Purchaser and its successors and/or assigns, and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerPurchaser. The Servicer Purchaser shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 5 contracts

Samples: Interim Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1), Interim Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Interim Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (with an insurance company acceptable to Xxxxxx Mae or Xxxxxxx Mac) for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the related Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an Loan and (b) the minimum amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer's normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount of or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies currently reflect company that does not at that time maintain a general policy rating General Policy Rating of B:VI -III or better in Best's ’s Key Rating Guide and are Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located.

Appears in 5 contracts

Samples: Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-2f), Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1), Flow Sale and Servicing Agreement (GSR 2006-4f)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located by an insurer acceptable to Fxxxxx Mxx or Fxxxxxx Mac and FHA or VA, as applicable, in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to full insurable value of the improvements which are a part of such property on a replacement cost basis, Mortgaged Property and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are acceptable to Fxxxxx Mae or Fxxxxxx Mac and FHA or VA, as provided applicable, and are licensed to do business in the state wherein the property subject to the policy is located. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing proceduresCustomary Servicing Procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such The hazard insurance policies for each Mortgage Loan secured by a unit in a condominium development or planned unit development shall be endorsed maintained with standard mortgagee clauses respect to such Mortgage Loan and the related development in a manner which is consistent with loss payable to the Servicer Fxxxxx Mae or Fxxxxxx Mac requirements and shall provide for at least thirty days prior written notice of any cancellationFHA or VA requirements, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedas applicable.

Appears in 5 contracts

Samples: Servicing Agreement (Sequoia Mortgage Trust 2012-2), Servicing Agreement (Sequoia Mortgage Trust 2012-1), Servicing Agreement (Sequoia Mortgage Trust 2013-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, providedPROVIDED, howeverHOWEVER, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Cb3), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan comply with the SBA Rules and Regulations concerning the issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is at least equal SBA Loan, to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance best of the Mortgage LoanServicer's knowledge after reasonable investigation, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and required by the SBA Rules and Regulations and the Servicer's policies, on the REO Foreclosed Property for the benefit of the Certificateholdersconstituting real property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public amounts described above and liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanForeclosed Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedits affiliates.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First International Bancorp Inc), Pooling and Servicing Agreement (First International Bancorp Inc), Spread Account Agreement (Money Store of New York Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan maintained, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Mortgage Loan (and any prior lien if the related Mortgage Loan is in a junior lien position), (b) the full insurable value of the Mortgaged Property securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards Flood Zone "A", and such flood insurance has been made available, the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on REO Property, to the extent reasonably available, on REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept pursuant to this Section 5.07, including, without limitation, any such advances of premiums on insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedrequired by this Section 5.07, shall constitute Servicing Advances.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the unpaid principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the ServicerSeller's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.0511.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer Seller or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-12), Reconstituted Servicing Agreement (HarborView 2007-1), Reconstituted Servicing Agreement (Zuni 2006-Oa1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA FHA/VA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc C-Bass 2004-Cb6 Trust), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates Series 2005-Cb1), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account a restricted escrow account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to such Applicable Regulations as provided for under applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating in Best’s Key Rating Guide of B:VI III or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 4 contracts

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2), Certification and Agreement (Encore Credit Receivables Trust 2005-3), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis and (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Ownit Mortgage Loan Trust, Series 2006-1), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-Cb4), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Series 2006-Cb4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Servicing Agreement (Sequoia Mortgage Trust 2007-4), Servicing Agreement (Sequoia Mortgage Trust 2007-3), Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5), Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-5), Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan comply with the customary servicing procedures concerning the issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is located. If at least equal origination of a Business Loan, to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance best of the Mortgage LoanServicer's knowledge after reasonable investigation, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Servicer will cause require the related Obligor to be maintained purchase a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and in accordance with the Servicer's policies, on the REO Foreclosed Property for the benefit of the Certificateholdersconstituting real property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public amounts described above and liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal servicing procedures, applicable law) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.054.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanForeclosed Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedits affiliates.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (First International Bancorp Inc), Sale and Servicing Agreement (First International Bancorp Inc), Sale and Servicing Agreement (First International Bancorp Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the related Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an Loan and (b) the minimum amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards hazards, and that has federally-mandated flood insurance requirements (and such flood insurance has been made available, ) the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer's normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, its successors and its assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount of or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier accept or agent, provided, however, that the Servicer shall not accept obtain any such insurance policies policy from an insurance companies unless such companies currently reflect company that does not at that time maintain a general policy rating General Policy Rating of B:VI -III or better in Best's ’s Key Rating Guide and are licensed Guide. Servicing Advances made under this Section 4.10 shall be eligible for reimbursement pursuant to do business in the state wherein the property subject to the policy is locatedSection 4.10 hereof.

Appears in 4 contracts

Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-3), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-1), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (Asset Backed Funding Corp 2002 Wf1 Trust), Pooling and Servicing Agreement (Asset Backed Funding Corp)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to replacement value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (y) the outstanding principal balance of the Mortgage Loan and (z) an amount such that the proceeds of such policy shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is was located in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on the REO Property for the benefit have received a certificate of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are evidencing a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected master policy held by the owner's association and naming the Master Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insuranceloss payee. All such policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and mortgage clauses, which shall provide for at least thirty days 30 days' prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicercoverage. The Master Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Master Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating satisfy the requirements of B:VI FNMA or better in Best's Key Rating Guide FHLMC and are licensed to do business in the state wherein jurisdiction in which the property subject Mortgaged Property is located. Any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and to be applied to the policy restoration or repair of the related Mortgaged Property) (or, in the case of a Cooperative Loan, the related Cooperative Unit) or property acquired in liquidation of the Mortgage Loan, or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, for the purpose of calculating monthly distributions to the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 3.08 hereof. It is locatedunderstood and agreed that no earthquake or other additional insurance is to be required of any Mortgagor or maintained on property acquired in respect of a Mortgage other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 1999-Tbc1), Pooling and Servicing Agreement (Mellon Residential Funding Corp Mor Pas THR Cer Ser 01 Tbc1), Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Ser 2000 TBC 3)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least greater of (i) the Principal Balance lesser of (a) the outstanding principal balance of the Mortgage LoanLoan (plus any additional amount required to prevent the Mortgagor from being deemed a co-insurer) or (b) the amount necessary to fully compensate for any damage or loss to the improvements which are part of such property on a replacement cost basis, or (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and related Servicing Advances, (y) public liability insurance and, (z) and flood insurance in an amount which is at least equal to the extent greater of (i) the lesser of (a) the outstanding principal balance of the Mortgage Loan (plus any additional amount required and to prevent the Mortgagor from being deemed a co-insurer) or (b) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, or (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. Pursuant to Subsection 11.04, flood insurance in an amount as provided above. Any any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's Seller’s normal servicing procedures, shall be deposited in the Collection related Custodial Account, subject to withdrawal pursuant to Section 3.05Subsection 11.05. Any cost incurred by the Seller in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or Seller of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of BA:VI or better in Best's ’s Key Rating Guide or an insurance company with comparable credit worthiness and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd3), Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2), Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Company shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's Company’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer Company or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerCompany. The Servicer Company shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Company shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI B+:III or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Letter Agreement (MASTR Adjustable Rate Mortgages Trust 2007-3), Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-Oa2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor Borrower and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iiiii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became an REO Property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 11.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor Borrower in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.0511.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's Borrower’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of BA:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2006-2)

Maintenance of Hazard Insurance. The Servicer Countrywide Servicing shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the unpaid principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Countrywide Servicing will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance unpaid principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Countrywide Servicing shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Countrywide Servicing under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's Countrywide Servicing’s normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer Countrywide Servicing or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Countrywide Servicing and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerCountrywide Servicing. The Servicer Countrywide Servicing shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Countrywide Servicing shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Fxxxxx Mxx Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fxxxxx Mae and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Custodial Agreement (Bear Stearns ARM Trust 2007-5), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-2), Recognition Agreement (Bear Stearns ALT-A Trust 2006-1)

Maintenance of Hazard Insurance. The With respect to each Mortgage Loan, the Servicer shall cause to be maintained for each first lien Mortgage Loan maintained, subject to the provisions of Section 4.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the related Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Mortgage Loan and any Prior Lien, (b) the full insurable value of the premises securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage LoanLoan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal customary servicing procedures, ) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.054.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to as provided in the Xxxxxx Xxx Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's ’s Key Rating Guide currently acceptable to Xxxxxx Mae and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 3 contracts

Samples: Reconstitution Agreement (HarborView 2007-2), Reconstitution Agreement (HarborView 2007-7), A Servicing Agreement (Harborview 2006-Bu1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan comply with the SBA Rules and Regulations concerning the issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is at least equal SBA Loan, to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance best of the Mortgage LoanServicer's knowledge after reasonable investigation, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and in accordance with the SBA Rules and Regulations and the Servicer's policies, on the REO Foreclosed Property for the benefit of the Certificateholdersconstituting real property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public amounts described above and liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanForeclosed Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedits affiliates.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Money Store of New York Inc), Pooling and Servicing Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I), Pooling and Servicing Agreement (Money Store of New York Inc)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained maintained, for each first lien Mortgage Loan Loan, fire and hazard insurance by a Qualified Insurer with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (a) the maximum insurable value of the improvements securing such Mortgage Loan or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance unpaid principal balance of the Mortgage Loan, in each case in an amount not less than and (ii) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the Principal Balance unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the replacement cost maximum insurable value of the improvements which that are a part of such property, ; (y2) public liability insurance and, insurance; and (z3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the Servicer's Countrywide’s normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood The Purchaser understands and agreed agrees that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as Loan shall at any time be in force and as shall require such additional insurancemaintained by Countrywide or Mortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Countrywide and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his the insurance carrier or agent, ; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide acceptable to an Agency and are licensed to do business in the state wherein the property subject to the policy is located. The hazard insurance policies for each Mortgage Loan secured by a unit in a condominium development or planned unit development shall be maintained with respect to such Mortgage Loan and the related development in a manner which is consistent with Xxxxxx Xxx or Xxxxxxx Mac requirements.

Appears in 3 contracts

Samples: Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1), Master Mortgage Loan Purchase and Servicing Agreement (Jpmac 2006-Cw1), Master Mortgage Loan Purchase (J.P. Morgan Mortgage Trust 2006-A1)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance outstanding principal balance of the Mortgage LoanLoan (including any cumulative related Negative Amortization), in each case in an amount not less than such amount as is necessary to prevent the Mortgagor Borrower and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (i) the Principal Balance outstanding principal balance of the Mortgage LoanLoan (plus, if the Loan provides for negative amortization, the maximum amount of Negative Amortization in accordance with the Mortgage) or (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan (including any cumulative related Negative Amortization) at the time it became an REO Property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 11.04, any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor Borrower in accordance with the Servicer's Seller’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.0511.05. Any cost incurred by the Seller in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or Seller of the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor's Borrower’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating meet the requirements of B:VI or better in Best's Key Rating Guide the Xxxxxx Mae Guides and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 3 contracts

Samples: Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-Oa2), Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-3)

Maintenance of Hazard Insurance. The Servicer shall, or shall cause the Subservicer to, cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain maintain, or cause the Subservicer to maintain, on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer or the Subservicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s or the Subservicer’s normal servicing procedures, or shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Subservicer of the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant except to such Applicable Regulations the extent that applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer or the Subservicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerServicer or the Subservicer. The Servicer shall not, and shall cause the Subservicer not to, interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that neither the Servicer nor the Subservicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI or better by A.M. Best Company in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedGuide.

Appears in 2 contracts

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Corp), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan maintained, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Home Improvement Loan and any Prior Lien, (b) the full insurable value of the premises securing the Home Improvement Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage LoanHome Improvement Loan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection applicable Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the related Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an Loan and (b) the minimum amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer's normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount of or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies currently reflect company that does not at that time maintain a general policy rating General Policy Rating of B:-VI or better in Best's ’s Key Rating Guide and are Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located.

Appears in 2 contracts

Samples: Reconstituted Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1), Reconstituted Servicing Agreement (Luminent 2006-4)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained for each first lien Mortgage Loan fire hazard insurance with a standard mortgagee clause and with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements securing such Mortgage Loan from time to time or the principal balance owing on such Mortgage Loan from time to time (and, in the case of a Second Mortgage Loan, on the related first mortgage loan), whichever is less. The Company shall also maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary maximum insurable value from time to fully compensate for any damage or loss to time of the improvements which are a part of such property on a replacement cost basis, or (ii) the Principal Balance unpaid principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) at the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part time of such property, (y) public liability insurance and, (z) to foreclosure or deed in lieu of foreclosure. To the extent required and available under the Flood Disaster Protection Act of 1973provided in Section 3.02(b)(iv), as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Company under any such policies other than amounts to in respect of the Mortgage Loans shall be deposited in the Escrow Account and applied credited to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, Mortgage Loan Payment Record. Such costs shall be deposited in recoverable by the Collection Account, subject to withdrawal Company pursuant to Section 3.053.04. It In cases in which property securing any Mortgage Loan is understood and agreed located in a federally designated flood area, the hazard insurance to be maintained for such Mortgage Loan shall include flood insurance. All such flood insurance shall be in such amounts as are required under applicable guidelines of FNMA. The Company shall be under no obligation to require that no any Mortgagor maintain earthquake or other additional insurance is required and shall be under no obligation itself to be maintained by the Servicer or the Mortgagor or maintained maintain any such additional insurance on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.06, it being understood and agreed that such policies policy may contain a deductible clause, in which case the Company shall, in the event that there shall be endorsed not have been maintained on the related Mortgaged Property a policy complying with standard mortgagee clauses with the first sentence of this Section 3.06, and there shall have been a loss payable which would have been covered by such policy, credit to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in Mortgage Loan Payment Record the amount not otherwise payable under the blanket policy because of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locateddeductible clause.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan comply with the SBA Rules and Regulations concerning the issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is at least equal SBA Loan, to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance best of the Mortgage LoanServicer's knowledge after reasonable investigation, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available and required by the SBA Rules and Regulations, on the REO Foreclosed Property for the benefit of the Certificateholdersconstituting real property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public amounts described above and liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanForeclosed Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedits affiliates.

Appears in 2 contracts

Samples: Spread Account Agreement (BLC Financial Services Inc), Spread Account Agreement (BLC Financial Services Inc)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with such that all buildings upon the Mortgaged Property are insured by an insurer acceptable to the Agencies, against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in Loan and (b) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer or (iii) shall cease to be acceptable to the amount required under Agencies, the Company shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable HUD/FHA regulationslaw, to obtain from another Qualified Insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If the related Mortgaged Property is located in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, the Servicer will cause to be maintained ) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carriercarrier acceptable to the Agencies, in an amount representing coverage not less than equal to the least lesser of (i) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the Mortgage Loan, mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on If at any time during the REO Property for the benefit term of the CertificateholdersMortgage Loan, (x) fire the Company determines in accordance with the applicable law and hazard insurance with extended coverage in an amount which is at least equal pursuant to the replacement cost Xxxxxx Xxx guide, that the Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance meeting the requirements of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, the Company shall notify the related Mortgagor that they must obtain such flood insurance coverage and if the Mortgagor fails to provide proof of such coverage within forty-five (45) days of such notice, the Company shall force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in an amount as provided above. Any amounts collected by a condominium project, the Servicer under Company shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Agency requirements, and secure from the owner's association its agreement to notify the Company promptly of any such policies other than amounts to be deposited change in the Escrow Account and applied to insurance coverage or of any condemnation or casualty loss that may have a material effect on the restoration or repair value of the Mortgaged Property as security. In the event that any Purchaser or REO Property, the Company shall determine that the Mortgaged Property should be insured against loss or released to damage by hazards and risks not covered by the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or Mortgagor pursuant to the terms of the Mortgage, the Company shall communicate and consult with the Mortgagor or maintained on property acquired in with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insuranceMortgaged Property. All such policies required hereunder shall name the Company as loss payee and shall be endorsed with standard or union mortgagee clauses with loss payable to the Servicer and clauses, without contribution, which shall provide for at least thirty 30 days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicercoverage. The Servicer Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Company shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide are acceptable to the applicable Agency and are licensed to do business in the state wherein jurisdiction in which the Mortgaged Property is located. The Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. Pursuant to Section 4.04, any amounts collected by the Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Company's normal servicing procedures as specified in Section 4.14) shall be deposited in the Custodial Account subject to the policy is locatedwithdrawal pursuant to Section 4.05.

Appears in 2 contracts

Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass-THR Certs Ser 2004-Gel1), Reconstituted Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of such Mortgage Loan in accordance with the Mortgage Loan, in each case in or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or, upon request, to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-” or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-2), Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan maintained, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Mortgage Loan and any Prior Lien, (b) the full insurable value of the premises securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage LoanLoan and any Prior Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Residential Asset Funding Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan comply with the customary servicing procedures concerning the issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is located. If at least equal origination of a Business Loan, to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance best of the Mortgage LoanServicer's knowledge after reasonable investigation, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) if it maintains flood insurance, the Servicer will cause require the related Obligor to be maintained purchase a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and in accordance with the Servicer's policies, on the REO Foreclosed Property for the benefit of the Certificateholdersconstituting real property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public amounts described above and liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided aboveinsurance. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal servicing procedures, applicable law) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanForeclosed Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedits affiliates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc), Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ABFC C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb5), Pooling and Servicing Agreement (Bond Securitization LLC)

Maintenance of Hazard Insurance. The Servicer shall cause each Mortgagor to be maintained for each first lien Mortgage Loan maintain, and if the Mortgagor does not so maintain, shall itself maintain, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Mortgage Loan (and any prior lien if the related Mortgage Loan is in a junior lien position), (b) the full insurable value of the Mortgaged Property securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards Flood Zone "A", and such flood insurance has been made available, the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on REO Property, to the extent reasonably available, on REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 3.055.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept pursuant to this Section 5.07, including, without limitation, any such advances of premiums on insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedrequired by this Section 5.07, shall constitute Servicing Advances.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1998-3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part 100% of such property insurable value on a replacement cost basis, basis of the improvements securing such Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than equal to the least lesser of (i) the Principal Balance minimum amount required under the terms of coverage to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the Mortgage Loan, mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing proceduresAccepted Servicing Practices, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Xxxxxx Xxx Guide or the Xxxxxxx Mac Guide or such Applicable Regulations applicable State or Federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's ’s Key Rating Guide currently acceptable to Xxxxxx Xxx or Xxxxxxx Mac and are licensed to do business in the state State wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Servicing Agreement (MASTR Alternative Loan Trust 2007-1)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iiiii) the maximum greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds of such policy shall be sufficient to prevent the related Mortgagor and/or mortgagee from becoming a co-insurer. Each such policy of standard hazard insurance which is available under the Flood Disaster Protection Act of 1973shall contain, as amendedor have an accompanying endorsement that contains, a standard mortgagee clause. The Master Servicer shall also maintain cause flood insurance to be maintained on the REO Property for the benefit property acquired upon foreclosure or deed in lieu of the Certificateholdersforeclosure of any Mortgage Loan, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures, ) shall be deposited in the Collection Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 3.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the required of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies area is participating in the national flood insurance program, the Master Servicer shall cause flood insurance to be maintained with respect to such Mortgage Loan. Such flood insurance shall be endorsed with standard mortgagee clauses with loss payable in an amount equal to the Servicer and shall provide for at least thirty days prior written notice lesser of any cancellation(i) the original principal balance of the related Mortgage Loan, reduction in (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating available for the related Mortgaged Property under the Flood Disaster Protection Act of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located1973, as amended.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Asset-Backed Certificates Trust 2005-Im3), Pooling and Servicing Agreement (Cwabs Inc. Asset-Backed Certificates Trust 2005-Im2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien First Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Unpaid Principal Balance of the Mortgage Loan and any mortgage loan senior to the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Unpaid Principal Balance of the Mortgage Loan and any mortgage loan senior to the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersOwner, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.055.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy Mortgaged Property is located. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with Acceptable Servicing Practices, and secure from the owner’s association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security.

Appears in 2 contracts

Samples: Interim Servicing and Servicing Rights Purchase Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3), Interim Servicing and Servicing Rights Purchase Agreement (First NLC Financial Services Inc)

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (a) the full insurable value of the Mortgaged Property or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to outstanding principal balance owing on the improvements which are a part of such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary that the proceeds of such insurance shall be sufficient to prevent avoid the application to the Mortgagor and/or or loss payee of any coinsurance clause under the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationspolicy. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, the Servicer ) Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (ia) the Principal Balance outstanding principal balance of the Mortgage Loan, (iib) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiic) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, each as amended. The Servicer Seller shall also maintain on the REO Property for the benefit property acquired upon foreclosure, or by deed in lieu of the Certificateholdersforeclosure, (x) of any Mortgage Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor in accordance with the Servicer's normal servicing procedures, Customary Servicing Procedures) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.0510.10. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Seller of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller and its successors and/or assigns, and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent. If a Mortgage is secured by a unit in a condominium project, provided, however, the Seller shall verify that the Servicer shall not accept coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Xxx requirements, and secure from the owner's association its agreement to notify the Seller promptly of any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business change in the state wherein insurance coverage or of any condemnation or casualty loss that may have a material effect on the property subject to value of the policy is locatedMortgaged Property as security.

Appears in 2 contracts

Samples: Purchase and Servicing Agreement (Lehman Sarm 2005-5), Flow Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15)

Maintenance of Hazard Insurance. The Interim Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsco insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Interim Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iiiii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended. The Interim Servicer also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and related Servicing Advances, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Subsection 11.04, any amounts collected by the Interim Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Interim Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.05Subsection 11.05. Any cost incurred by the Interim Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Interim Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Interim Servicer, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the Interim Servicer. The Interim Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Interim Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key the General Policy Rating Guide required by Xxxxxx Xxx and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Interim Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2), Mortgage Loan Purchase and Interim Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Xxxxxx Mae Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Xxxxxx Xxx and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3), Servicing Agreement (Bear Stearns ALT-A Trust 2007-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Distribution Instructions (C-Bass Mortgage Loan Trust 2007-Cb3), Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (Asset Backed Funding Corp)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan comply with the SBA Rules and Regulations concerning the issuance and maintenance of fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in located. If at origination of an amount which is at least equal SBA Loan, to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance best of the Mortgage LoanServicer's knowledge after reasonable investigation, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) consistent with the SBA Rules and Regulations, the Servicer will cause require the related Obligor to be maintained purchase a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iiiii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain maintain, to the extent such insurance is available, and required by the SBA Rules and Regulations and the Credit and Collection Policy, on the REO Foreclosed Property for the benefit of the Certificateholdersconstituting real property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost amounts described above and liability insurance. The Unguaranteed Percentage of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor Obligor in accordance with the Servicer's normal servicing procedures, SBA Rules and Regulations) shall be deposited in the Collection Principal and Interest Account, subject to withdrawal pursuant to Section 3.054.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor of any Obligor or maintained on property acquired in respect of the Mortgage LoanForeclosed Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedits affiliates.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (BLC Financial Services Inc), Sale and Servicing Agreement (First International Bancorp Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

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

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Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iiiii) the maximum greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds of such policy shall be sufficient to prevent the related Mortgagor and/or mortgagee from becoming a co-insurer. Each such policy of standard hazard insurance which is available under the Flood Disaster Protection Act of 1973shall contain, as amendedor have an accompanying endorsement that contains, a standard mortgagee clause. The Master Servicer shall also maintain cause flood insurance to be maintained on the REO Property for the benefit property acquired upon foreclosure or deed in lieu of the Certificateholdersforeclosure of any Mortgage Loan, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures, ) shall be deposited in the Collection Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Noteholders or remittances to the Indenture Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 3.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the required of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies area is participating in the national flood insurance program, the Master Servicer shall cause flood insurance to be maintained with respect to such Mortgage Loan. Such flood insurance shall be endorsed with standard mortgagee clauses with loss payable in an amount equal to the Servicer and shall provide for at least thirty days prior written notice lesser of any cancellation(i) the original principal balance of the related Mortgage Loan, reduction in (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating available for the related Mortgaged Property under the Flood Disaster Protection Act of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located1973, as amended.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Trust 2005-Hyb9), Sale and Servicing Agreement (GSC Capital Corp. Mortgage Trust 2006-2)

Maintenance of Hazard Insurance. The Servicer shall cause each Mortgagor to be maintained for each first lien Mortgage Loan maintain, and if the Mortgagor does not so maintain, shall itself maintain, subject to the provisions of SECTION 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser least of (ia) the outstanding principal balance owing on the Mortgage Loan (and any prior lien if the related Mortgage Loan is in a junior lien position), (b) the full insurable value of the Mortgaged Property securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards Flood Zone "A", and such flood insurance has been made available, the Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan (plus the principal balance of any lien having priority over the Mortgage Loan), (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on REO Property, to the extent reasonably available, on REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection Principal and Interest Account, subject to (X) retention by the Servicer to the extent such amounts constitute Servicing Compensation or (Y) withdrawal pursuant to Section 3.05SECTION 5.04. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that Any out-of-pocket expenses incurred by the Servicer shall not accept pursuant to this SECTION 5.07, including, without limitation, any such advances of premiums on insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedrequired by this SECTION 5.07, shall constitute Servicing Advances.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-1), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Nc1), Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Sb1)

Maintenance of Hazard Insurance. The Servicer shall, or shall cause the Subservicer to, cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain maintain, or cause the Subservicer to maintain, on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer or the Subservicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s or the Subservicer’s normal servicing procedures, or shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Subservicer of the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant except to such Applicable Regulations the extent that applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer or the Subservicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerServicer or the Subservicer. The Servicer shall not, and shall cause the Subservicer not to, interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that neither the Servicer nor the Subservicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI or better by A.M. Best Company in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedGuide.

Appears in 2 contracts

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Maintenance of Hazard Insurance. (a) The Servicer shall cause to be maintained for each first lien Mortgage Loan serviced by it fire and hazard insurance with extended coverage as is customary in the area where the related Mortgaged Property is located located, in an amount which is at least equal to the lesser of (i) 100% of the amount necessary to fully compensate for any damage or loss to replacement value of the improvements which are a part of such property on a replacement cost basissecuring the Mortgage Loan, or (ii) the Unpaid Principal Balance of the Mortgage Loan, Loan (so long as it equals 80% of the insurable value of the improvements); provided that in each any case in an amount not less than such amount as is necessary shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area that, at the time of origination of the related Mortgage Loan, is identified in on a flood hazard boundary map or flood insurance rate map issued by the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made was then available), the Servicer will shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, if such insurance is available. Such flood insurance shall be in an amount representing coverage not less than the least of (i) the Unpaid Principal Balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which that is at least equal to the replacement cost maximum insurable value of the improvements which that are a part of such property, (y) public liability insurance and, and (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to shall be deposited paid over or applied by the Servicer in the Escrow Account and applied to accordance with Applicable Requirements whether (i) for the restoration or repair of the Mortgaged Property or REO Property, or released subject to the Mortgagor related Mortgage, (ii) for release to the Mortgagor, or (iii) for application in accordance with reduction of the Servicer's normal servicing proceduresMortgage Loan, in which event such amounts shall be deposited in the Collection Account, subject to withdrawal pursuant to as provided in Section 3.052.4. It is understood and agreed that no earthquake or other additional insurance is required to need be maintained by the Servicer on any Mortgage Loan or the Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations as required under applicable laws and regulations as shall at any time be in force and as shall require such additional insuranceforce. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount of amount, or material change in coverage to the Servicercoverage. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his the Mortgagor's insurance carrier or agent, agent upon any policy renewal; provided, however, that upon any such policy renewal, the Servicer shall not accept any such insurance policies only from insurance companies unless such companies currently reflect that (A) have a general policy rating of B:VI III or better in Best's Key Rating Guide or a financial performance index rating of 6 or better in Best's Insurance Reports and (B) are licensed to do business in the state wherein jurisdiction in which the property subject to the policy related Mortgaged Property is located.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Servicer shall, or shall cause the Subservicer to, cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain maintain, or cause the Subservicer to maintain, on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer or the Subservicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s or the Subservicer’s normal servicing procedures, or shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05 hereof. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Subservicer of the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant except to such Applicable Regulations the extent that applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer or the Subservicer, as applicable, and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerServicer or the Subservicer. The Servicer shall not, and shall cause the Subservicer not to, interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that neither the Servicer nor the Subservicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI or better by A.M. Best Company in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedGuide.

Appears in 1 contract

Samples: Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained maintained, for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (a) the maximum insurable value of the improvements securing such Mortgage Loan or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to unpaid principal balance of the improvements which are a part of such property on a replacement cost basisMortgage Loan (including Negative Amortization), and (ii) the Principal Balance of percentage such that the Mortgage Loan, in each case in an amount not less than such amount as is necessary proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the Principal Balance unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the replacement cost maximum insurable value of the improvements which that are a part of such property, ; (y2) public liability insurance and, insurance; and (z3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05Accepted Servicing Practices. It is understood The Purchasers understand and agreed agree that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as Loan shall at any time be in force and as shall require such additional insurancemaintained by Countrywide or Mortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Countrywide and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor's freedom of choice in selecting either his the insurance carrier or agent, ; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide acceptable to an Agency and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Confidentiality Agreement (Luminent 2006-5)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to such Applicable Regulations the Fannie Mae Guide or xxxx applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to xxxxxxex xo do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the related Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an Loan and (b) the minimum amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards hazards, and that has federally-mandated flood insurance requirements (and such flood insurance has been made available, ) the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines guide-lines of the Federal Insurance Administration with a generally gener-ally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance out-standing principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer's normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Collection Custodial Account, subject to withdrawal with-drawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations appli-cable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, its successors and its assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Servicer of any cancellation, reduction in the amount of or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier accept or agent, provided, however, that the Servicer shall not accept obtain any such insurance policies insur-ance policy from insurance companies unless such companies currently reflect an insur-ance company that does not at that time maintain a general policy rating General Policy Rating of B:VI -III or better in Best's ’s Key Rating Guide and are licensed Guide. Servicing Advances made under this Section 4.10 shall be eligible for reimbursement pursuant to do business in the state wherein the property subject to the policy is locatedSection 4.10 hereof.

Appears in 1 contract

Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration Program with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing proceduresAcceptable Servicing Procedures, shall be deposited in the Collection AccountAccount within one Business Day after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Recognition Agreement (Bear Stearns ALT-A Trust 2006-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) 100% of the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the Loan or (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor Borrower and/or the Mortgagee Issuer from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsco- insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iiiii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on the REO Property for the benefit of the Certificateholdersany Foreclosure Property, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) 100% of the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became a Foreclosure Property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 5.01, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Foreclosure Property, or released to the Mortgagor Borrower in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.055.01. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Issuer or the Noteholders, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, or upon the direction of the Noteholder Agent to the Indenture Trustee, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's Borrower’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI III or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal ’s servicing procedures, in compliance with this Agreement shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent; PROVIDED, provided, howeverHOWEVER, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of "B:VI " or better by A.M. Best Company in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedGuide.

Appears in 1 contract

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied which is at least equal to the restoration or repair lesser of (a) the maximum insurable value of the Mortgaged Property or REO Property, or released to improvements which are a part of such property and (b) the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect outstanding principal balance of the related Mortgage Loan, other than pursuant to such Applicable Regulations as shall Loan at any the time be in force it became an REO Property plus accrued interest at the Note Rate and as shall require such additional insurancerelated Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, or upon request to the Purchaser, and shall provide for at least thirty 30 days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policy policyholder's rating of B:VI B+ or better and a financial size category of III or better in Best's Key Rating Guide Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the property subject to the policy is located.state

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor Borrower and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsco insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iiiii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Loan at the time it became an REO Property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 11.04, any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor Borrower in accordance with the ServicerSeller's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.0511.05. Any cost incurred by the Seller in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Loan, notwithstanding that the terms of such Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or Seller of the Mortgagor Borrower or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the ServicerSeller. The Servicer Seller shall not interfere with the MortgagorBorrower's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of BA:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-1)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Mortgage Loan Flow Purchase (Sunset Financial Resources Inc)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained maintained, for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (a) the maximum insurable value of the improvements securing such Mortgage Loan or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance unpaid principal balance of the Mortgage Loan, in each case in an amount not less than and (ii) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the Principal Balance unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the replacement cost maximum insurable value of the improvements which that are a part of such property, ; (y2) public liability insurance and, insurance; and (z3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the Servicer's normal customary servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood The Purchaser understands and agreed agrees that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as Loan shall at any time be in force and as shall require such additional insurancemaintained by Countrywide or Mortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Countrywide and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor's freedom of choice in selecting either his the insurance carrier or agent, ; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide acceptable to an Agency and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Luminent Mortgage Trust 2006-6)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Fannie Mae Guide or such Applicable Regulations as shall applicable state or federal laws and regulatixxx xx xxxll at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to do business in the state wherein the property prxxxxxx subject to the policy is located.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to do business in the state wherein the property xxxxxrxx subject to the policy is located.

Appears in 1 contract

Samples: Servicing Agreement (American Business Financial Services Inc /De/)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained for each first lien Mortgage Loan maintained, subject to the provisions of Section 5.08 hereof, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser of (ia) the outstanding principal balance owing on the Mortgage Loan and the First Lien, (b) the full insurable value of the premises securing the Mortgage Loan and (c) the minimum amount necessary required to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, basis in each case in an amount not less than such amount as is necessary to prevent avoid the Mortgagor and/or the Mortgagee from becoming a application of any co-insurer or (iii) insurance clause contained in the amount required under applicable HUD/FHA regulationsrelated hazard insurance policy. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and Flood Zone "A", such flood insurance has been made availableavailable and the Master Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, the Master Servicer will cause to be maintained purchased a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage LoanLoan and the First Lien, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Master Servicer shall also maintain maintain, to the extent such insurance is available, on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyamounts described above, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, and the Master Servicer determines that such insurance is necessary in accordance with accepted second mortgage servicing practices of prudent lending institutions, flood insurance in an amount as provided equal to that required above. Any amounts collected by the Master Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or to be released to the Mortgagor in accordance with the Servicer's normal customary second mortgage servicing procedures, ) shall be deposited in the Collection Certificate Account, subject to retention by the Master Servicer to the extent such amounts constitute Servicing Compensation or to withdrawal pursuant to Section 3.055.04. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to Certificateholders, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Master Servicer or the of any Mortgagor or maintained on property acquired in respect of the Mortgage LoanREO Property, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss losses payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Master Servicer. The In connection with its activities as administrator and servicer of the Mortgage Loans, the Master Servicer shall not interfere agrees to prepare and present, on behalf of itself, the Trustee, the Certificate Insurer and Certificateholders, claims under any such policy in a timely fashion in accordance with the Mortgagor's freedom terms of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedpolicy.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located by an insurer acceptable to the Agency, in an amount which is at least equal to the lesser of (a) the full insurable value of the Mortgaged Property or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to outstanding principal balance owing on the improvements which are a part of such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary that the proceeds of such insurance shall be sufficient to prevent avoid the application to Mortgagor and/or or loss payee of any coinsurance clause under the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationspolicy. If the Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having a special flood hazards hazard area (and such flood insurance has been made available), the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration with a generally acceptable insurance carrierProgram, in an amount representing coverage not less than the least of (iA) the Principal Balance minimum amount required under the terms of the coverage to compensate for any damage or loss to the Mortgaged Property on a replacement-cost basis (or the outstanding principal balance of the Mortgage Loan, (iiLoan if replacement-cost coverage is not available) the maximum insurable value of the improvements securing such Mortgage Loan or (iiiB) the maximum amount of insurance which is available under the National Flood Disaster Protection Act of 1973, as amendedInsurance Program. The Servicer Seller shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Act of 1973, as amendedInsurance Program, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property property subject to the related Mortgage or REO Propertyproperty acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor in accordance with Customary Servicing Procedures and the Servicer's normal servicing procedures, Mortgage Loan Documents) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.0511.06. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Seller of any Mortgagor or maintained on property acquired in respect of the Mortgage Loan, REO Property other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller, and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in comply with the state wherein standards set by the property subject to the policy is locatedAgency.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration Program with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan or (iiib ) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b ) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to . the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of ill or better in Best's Key Rating Guide, or (2) a general policyholder's rating of " A "or " A-" or better in Best's Key Rating Guide, and (b ) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement {FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal Service nom1al servicing procedures, shall be deposited in the Collection AccountAccount within one Business Day after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Cendant Mortgage Corp Mort Pass Through Cert Series 2001-6)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration Program with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder's rating of B+ or better and a financial size category of III or better in Best's Key Rating Guide, or (2) a general policyholder's rating of "A" or "A-" or better in Best's Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd's of London or, if it is the only coverage available, coverage under a state's Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection AccountAccount within one Business Day after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Fannie Mae Guide or such Applicable Regulations applicable state or federal laws and regulxxxxxx as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to do business in the state wherein the property xxxxxrxx subject to the policy is located.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Participation Mortgage Loan fire and hazard insurance with such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which is at least equal to the lesser greater of (i) the amount necessary to fully compensate for any damage or loss to outstanding principal balance of the improvements which are a part of such property on a replacement cost basis, Participation Mortgage Loan and (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or or the Mortgagee loss payee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If upon origination of the Participation Mortgage Loan, the related Mortgaged Property is was located in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, the Servicer will cause to be maintained ) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the Mortgage Loan, mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on If at any time during the REO Property for the benefit term of the CertificateholdersParticipation Mortgage Loan, (x) fire the Servicer determines in accordance with applicable law and hazard pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a speciax xxxxd xxzard area and is not covered by flood insurance with extended coverage or is covered in an amount which is at least equal to less than the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent amount required and available under by the Flood Disaster Protection Act of 1973, as amended, the Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance in an amount as provided above. Any amounts collected by coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty-five (45) days after such notification, the Servicer under any such policies other than amounts to be deposited in shall force place the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional required flood insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is locatedbehalf.

Appears in 1 contract

Samples: Participation Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-18a)

Maintenance of Hazard Insurance. The Servicer Subservicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer Subservicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer Subservicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer Subservicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's Subservicer’s normal servicing procedures, shall be deposited in the Collection Protected Account, subject to withdrawal pursuant to Section 3.054.05, unless otherwise held in a suspense account by the Subservicer. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer Subservicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to as provided in the Xxxxxx Mae Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Subservicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the ServicerSubservicer. The Servicer Subservicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer Subservicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's ’s Key Rating Guide currently acceptable to Xxxxxx Xxx and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Mortgage Collection Account, subject to withdrawal pursuant to Section 3.05SECTION 4.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to such Applicable Regulations applicable state or Federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days (30) days' prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, providedPROVIDED, howeverHOWEVER, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Xxxxxx Xxx and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Servicing Agreement (American Business Financial Services Inc /De/)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any Pursuant to Section 4.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing proceduresAccepted Servicing Practices, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Owner, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Xxxxxx Mae Guide or such Applicable Regulations applicable State or Federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of BA:VI or better in Best's ’s Key Rating Guide currently acceptable to Xxxxxx Xxx and are licensed to do business in the state State wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the each REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to as provided in the Xxxxxx Xxx Guide or such Applicable Regulations applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Xxxxxx Mae and are licensed to do business in the state wherein the property subject to the policy is located. All insurance policies maintained pursuant to this Section 4.10 shall be maintained with a Qualified Insurer.

Appears in 1 contract

Samples: Servicing Agreement (Luminent Mortgage Trust 2006-6)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an amount not less than and (b) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having being a special flood hazards and hazard area that has federally-mandated flood insurance has been made availablerequirements, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage LoanLoans, other than pursuant to the Fannie Mae Guide or such Applicable Regulations as applicable state or federal laws and regulxxxxxx xx shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better General Policy Rating in Best's Key Rating Guide currently acceptable to Fannie Mae and are licensed to do business in the state wherein the property xxxxxrty subject to the policy is located.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (ia) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan and (iib) the greater of (1) the Unpaid Principal Balance of the such Mortgage Loan, in each case in Loan or (2) an amount not less than such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee loss payee from becoming a co-insurer or (iii) co insurer; provided, however that the Servicer shall not require fire and hazard insurance in an amount required under in excess of that permitted by applicable HUD/FHA regulationslaw. If the any Mortgaged Property is in an area identified in by the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (ia) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such related Mortgage Loan if replacement cost coverage is not available for the type of building insured) or (iiib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amendedamended (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall also maintain on the each REO Property for the benefit of the Certificateholdersfire, (x) fire hazard and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such propertyliability insurance, (y) public liability insurance and, (z) and to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A “ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as provided abovepermitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. Any In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 5.11. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection AccountAccount within two Business Days after receipt, subject to withdrawal pursuant in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to Section 3.05the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The Servicer shall also maintain on the REO Property for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.. Back to Contents

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser least of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or and (iii) the amount required under applicable HUD/FHA regulationsmaximum insurable value of the improvements which are part of the Mortgaged Property. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amended. The Servicer shall also maintain on the REO Property Properties for the benefit of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) 100% of the maximum insurable value of the improvements which are a part securing the Mortgage Loan and (ii) the outstanding Principal Balance of such propertythe Mortgage Loan at the time it became an REO Property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Disaster Protection Insurance Act of 19731968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI A:X or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CHEC Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2)

Maintenance of Hazard Insurance. The (a) Except in the case of Cooperative Loans, the Master Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with such that all buildings upon the Mortgaged Property are insured by a FNMA or FHLMC acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as is are customary in the area where the Mortgaged Property is located located, in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to replacement value of the improvements which are a part of securing such property on a replacement cost basis, Mortgage Loan or (ii) the Principal Balance greater of (y) the outstanding principal balance of the Mortgage Loan and (z) an amount such that the proceeds of such policy shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the related Mortgaged Property is was located in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, carrier in an amount representing coverage not less than equal to the least lesser of (i) the Principal Balance minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement-cost basis or the unpaid balance of the Mortgage Loan, Loan (if replacement coverage is not available for the type of building insured) and (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. The If a Mortgage is secured by a unit in a condominium, the Master Servicer shall also maintain on the REO Property for the benefit have received a certificate of the Certificateholders, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are evidencing a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected master policy held by the owner's association and naming the Master Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as shall at any time be in force and as shall require such additional insuranceloss payee. All such policies required hereunder shall name the Master Servicer as loss payee and shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and mortgage clauses, which shall provide for at least thirty days 30 days' prior written notice of any cancellation, reduction in the amount of or material change in coverage to the Servicercoverage. The Master Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided; PROVIDED, however, that the Master Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating satisfy the requirements of B:VI FNMA or better in Best's Key Rating Guide FHLMC and are licensed to do business in the state wherein jurisdiction in which the property subject Mortgaged Property is located. Any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and to be applied to the policy restoration or repair of the related Mortgaged Property) (or, in the case of a Cooperative Loan, the related Cooperative Unit) or property acquired in liquidation of the Mortgage Loan, or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, for the purpose of calculating monthly distributions to the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds to the extent permitted by Section 3.08 hereof. It is locatedunderstood and agreed that no earthquake or other additional insurance is to be required of any Mortgagor or maintained on property acquired in respect of a Mortgage other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Servicer Seller shall cause to be maintained for each first lien Mortgage Loan fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Principal Balance outstanding principal balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer Seller will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least lesser of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iiiii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer Seller also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and related Servicing Advances, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any The Seller shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any private mortgage guaranty insurer, or as may be required to conform with accepted mortgage servicing practices of prudent lending institutions. The Seller shall determine whether such policies provide sufficient risk coverage and amounts, whether they insure the property owner, and whether they properly describe the property address. In the event that the Purchaser or the Seller shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Seller shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. The Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable for any losses in the event coverage is not provided. Pursuant to Subsection 11.04, any amounts collected by the Servicer Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the ServicerSeller's normal servicing procedures, shall be deposited in the Collection related Custodial Account, subject to withdrawal pursuant to Section 3.05Subsection 11.05. Any cost incurred by the Seller in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or Seller of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Seller, or upon request to the Purchaser, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the ServicerSeller. The Servicer Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Seller shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of B:VI B or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Sg Mortgage Securities Trust 2006-Fre2)

Maintenance of Hazard Insurance. The Master Servicer shall cause to be maintained maintained, for each first lien Mortgage Loan fire and Loan, hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance of the Mortgage Loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulations. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance of the Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or and (iiiii) the maximum greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds of such policy shall be sufficient to prevent the related Mortgagor and/or mortgagee from becoming a co-insurer. Each such policy of standard hazard insurance which is available under the Flood Disaster Protection Act of 1973shall contain, as amendedor have an accompanying endorsement that contains, a standard mortgagee clause. The Master Servicer shall also maintain cause flood insurance to be maintained on the REO Property for the benefit property acquired upon foreclosure or deed in lieu of the Certificateholdersforeclosure of any Mortgage Loan, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the Flood Disaster Protection Act of 1973described below. Pursuant to Section 3.05 hereof, as amended, flood insurance in an amount as provided above. Any any amounts collected by the Master Servicer under any such policies (other than the amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, 115 property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures, ) shall be deposited in the Collection Certificate Account. Any cost incurred by the Master Servicer in maintaining any such insurance shall not, subject for the purpose of calculating monthly distributions to withdrawal pursuant the Certificateholders or remittances to the Trustee for their benefit, be added to the principal balance of the Mortgage Loan, notwithstanding that the terms of the Mortgage Loan so permit. Such costs shall be recoverable by the Master Servicer out of late payments by the related Mortgagor or out of Liquidation Proceeds or Subsequent Recoveries to the extent permitted by Section 3.053.08 hereof. It is understood and agreed that no earthquake or other additional insurance is required to be maintained by the Servicer or the required of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All If the Mortgaged Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area and such policies area is participating in the national flood insurance program, the Master Servicer shall cause flood insurance to be maintained with respect to such Mortgage Loan. Such flood insurance shall be endorsed with standard mortgagee clauses with loss payable in an amount equal to the Servicer and shall provide for at least thirty days prior written notice lesser of any cancellation(i) the original principal balance of the related Mortgage Loan, reduction in (ii) the replacement value of the improvements that are part of such Mortgaged Property, or (iii) the maximum amount of or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating available for the related Mortgaged Property under the Flood Disaster Protection Act of B:VI or better in Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located1973, as amended.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Trust 2004-10)

Maintenance of Hazard Insurance. The Servicer Countrywide shall cause to be maintained maintained, for each first lien Mortgage Loan Loan, fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which that is at least equal to the lesser of (a) the maximum insurable value of the improvements securing such Mortgage Loan or (b) the greater of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, (ii) the Principal Balance unpaid principal balance of the Mortgage Loan, in each case in an amount not less than and (ii) the percentage such amount as is necessary that the proceeds thereof shall be sufficient to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the insurer, provided however, that Countrywide shall not require fire and hazard insurance in an amount required under in excess of that permitted by applicable HUD/FHA regulationslaw. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will Countrywide shall cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration program (or any successor thereto) with a generally acceptable insurance carrier, carrier and with coverage in an amount representing coverage not less than the least lesser of (ix) the Principal Balance unpaid principal balance of the Mortgage Loan, ; (iiy) the maximum insurable value of the improvements securing such Mortgage Loan Loan; or (iiiz) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994. The Servicer Countrywide shall also maintain on the REO Property for the benefit of the CertificateholdersProperty, (x1) fire and hazard insurance with extended coverage in an amount which that is at least equal to not less than the replacement cost maximum insurable value of the improvements which that are a part of such property, ; (y2) public liability insurance and, insurance; and (z3) to the extent required and available under the National Flood Disaster Protection Insurance Reform Act of 1973, as amended1994, flood insurance in an amount as provided above. Any Countrywide shall deposit in the Custodial Account all amounts collected by the Servicer under any such policies other than except (A) amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or Property and (B) amounts to be released to the Mortgagor in accordance with the Servicer's normal servicing procedures, shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05Customary Servicing Procedures. It is understood The Purchaser understands and agreed agrees that no earthquake or other additional insurance is required to be maintained by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to such Applicable Regulations as Loan shall at any time be in force and as shall require such additional insurancemaintained by Countrywide or Mortgagor. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Countrywide, its successors and/or assigns, and shall provide for at least thirty (30) days prior written notice to Countrywide of any cancellation, reduction in the amount of coverage or material change in coverage to the Servicercoverage. The Servicer Countrywide shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his the insurance carrier or agent, ; provided, however, that the Servicer Countrywide shall not only accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of B:VI or better in Best's Key Rating Guide acceptable to Xxxxxx Mae and are licensed to do business in the state wherein the property subject to the policy is located. Countrywide shall promptly notify the Purchaser of any loss or damage by fire, or from any other cause, to the Property that results in a claim for $10,000 or more, and will not make any agreement with respect to the rehabilitation of the Mortgaged Property without the written consent of the Purchaser. Countrywide’s notification may include a recommendation as to the proposed nature and cost of repairs. If necessary, Countrywide shall notify the insured under the applicable policy and the insurer under any applicable PMI Policy, and shall determine that all required inspections have been made and that the necessary determinations of the adequacy of the proposed repairs be obtained before repair work commences. Countrywide shall send the Purchaser, to the extent available, copies of all inspection reports and other reports with respect thereto, any of which may be in an electronic format.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Zuni 2006-Oa1)

Maintenance of Hazard Insurance. The Servicer Company shall cause to be maintained (with an insurance company acceptable to Fannie Mae or Freddie Mac) for each first lien Mortgage Loan Loan, fire and hazard insurance xxxxxxnxx with extended coverage as is customary in the area where the Mortgaged Property is located located, in an amount which is is, subject to applicable law, at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to maximum insurable value of the improvements which are a part of such property on a replacement cost basis, securing the related Mortgage Loan and (ii) the Principal Balance greater of (a) the outstanding principal balance of the Mortgage Loan, in each case in an Loan and (b) the minimum amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsinsurer. If the Mortgaged Property is in an area identified in the Federal Register by the Flood Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available, ) the Servicer Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (i) the Principal Balance outstanding principal balance of the Mortgage Loan, (ii) the maximum full insurable value of the improvements securing such Mortgage Loan Mortgaged Property, or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. The Servicer Company shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost maximum insurable value of the improvements which are a part of such property, (y) public liability insurance and, (z) to the extent required and available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended, flood insurance in an amount as provided required above. Any amounts collected by the Servicer Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or Property, REO Property, or released to the Mortgagor in accordance with Customary Servicing Procedures or in accordance with the Servicer's normal servicing procedures, terms of the Mortgage Loan or applicable law) shall be deposited in the Collection Custodial Account, subject to withdrawal pursuant to Section 3.054.05. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or the Company of any Mortgagor or maintained on property acquired in respect of the a Mortgage Loan, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Company, its successors and its assigns, or, upon request of the Owner, to the Owner, and shall provide for at least thirty 30 days prior written notice to the Company of any cancellation, reduction in the amount of or material change in coverage to the Servicercancellation thereof. The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer Company shall not accept or obtain any such insurance policies policy from an insurance companies unless such companies currently reflect company that does not at that time maintain a general policy rating General Policy Rating of B:VI -III or better in Best's Key Rating Guide and are Guide, or that is not licensed to do business in the state State wherein the property subject to the policy related Mortgaged Property is located.

Appears in 1 contract

Samples: Master Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)

Maintenance of Hazard Insurance. The Servicer shall cause to be maintained for each first lien Mortgage Loan HELOC fire and hazard insurance with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, basis or (ii) the Outstanding Principal Balance of the Mortgage LoanHELOC, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer or (iii) the amount required under applicable HUD/FHA regulationsNote Insurer. If the Mortgaged Property is in an area identified in the Federal Register on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount representing coverage not less than the least greater of (i) the lesser of (a) the Outstanding Principal Balance of the Mortgage LoanHELOC (plus any additional amount required to prevent the Mortgagor from being deemed a co-insurer) or (b) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, or (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Servicer also shall also maintain on the any REO Property for the benefit of the CertificateholdersProperty, (x) fire and hazard insurance with extended coverage in an amount which is at least equal to the replacement cost lesser of (i) the maximum insurable value of the improvements which are a part of such propertyproperty and (ii) the Outstanding Principal Balance of the related HELOC at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and related Servicing Advances, (y) public liability insurance and, (z) and flood insurance in an amount which is at least equal to the extent greater of (i) the lesser of (a) the Outstanding Principal Balance of the HELOC (plus any additional amount required and to prevent the Mortgagor from being deemed a co-insurer), or (b) the amount necessary to fully compensate for any damage or loss to the improvements which are a part of such property on a replacement cost basis, or (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. Pursuant to Section 5.02, flood insurance in an amount as provided above. Any any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow related Servicing Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer's ’s normal servicing procedures, shall be deposited in the related Collection Account, subject to withdrawal pursuant to Section 3.055.03. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions, be added to the unpaid principal balance of the related HELOC, notwithstanding that the terms of such HELOC so permit. It is understood and agreed that no earthquake or other additional insurance is need be required to be maintained by the Servicer or of the Mortgagor or maintained on property acquired in respect of the Mortgage LoanHELOC, other than pursuant to such Applicable Regulations applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer Servicer, or upon request to the Securities Administrator on behalf of the Indenture Trustee, and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount of of, or material change in in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating General Policy Rating of BA:VI or better in Best's ’s Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

Appears in 1 contract

Samples: Sale and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Gp1)

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