Common use of Representations and Warranties Remedies and Breach Clause in Contracts

Representations and Warranties Remedies and Breach. Section 4.01. Company Representations and Warranties. 16 Section 4.02. Representations and Warranties Regarding Individual Mortgage Loans. 18 Section 4.03. Remedies for Breach of Representations and Warranties. 30 Section 4.04. Restrictions and Requirements Applicable in the Event that a Mortgage Loan is Acquired by a REMIC. 32 Section 4.05. Pre- Closing Due Diligence. 34 ARTICLE V. ADMINISTRATION AND SERVICING OF MORTGAGE LOANS Section 5.01. Company to Act as Servicer. 34 Section 5.02. Liquidation of Mortgage Loans. 36 Section 5.03. Collection of Mortgage Loan Payments. 37 Section 5.04. Establishment of and Deposits to Custodial Account. 37 Section 5.05. Permitted Withdrawals From Custodial Account. 38 Section 5.06. Establishment of and Deposits to Escrow Account. 39 Section 5.07. Permitted Withdrawals From Escrow Account. 40 Section 5.08. Payment of Taxes, Insurance and Other Charges. 41 Section 5.09. Protection of Accounts. 41 Section 5.10. Maintenance of Hazard Insurance. 42 Section 5.11. Maintenance of Mortgage Impairment Insurance. 43 Section 5.12. Maintenance of Fidelity Bond and Errors and Omissions Insurance. 44 Section 5.13. Inspections. 44 Section 5.14. Restoration of Mortgaged Property. 45 Section 5.15. Maintenance of LPMI Policy; Claims. 45 Section 5.16. Title, Management and Disposition of REO Property. 46 Section 5.17. Real Estate Owned Reports. 49 Section 5.18. Liquidation Reports. 49 Section 5.19. Notification of Adjustments. 49 Section 5.20. Reports of Foreclosures and Abandonments of Mortgaged Property. 49 Section 5.21. Waiver of Prepayment Charges. 49 Section 5.22. Credit Reporting. 50 ARTICLE VI. PAYMENTS TO PURCHASER Section 6.01. Remittances. 50 Section 6.02. Statements to Purchaser. 51 Section 6.03. Monthly Advances by Company. 51

Representations and Warranties Remedies and Breach. Section 4.013.1. Company Representations and Warranties. 16 Warranties 19 Section 4.023.2. Representations and Warranties Regarding Individual Mortgage LoansLoans 22 Section 3.3. 18 Section 4.03. Remedies for Breach of Representations and Warranties. 30 Section 4.04. Restrictions and Requirements Applicable in the Event that a Mortgage Loan is Acquired by a REMIC. 32 Section 4.05. Pre- Closing Due Diligence. 34 Xxxxxxxxxx 00 ARTICLE V. IV ADMINISTRATION AND SERVICING OF MORTGAGE LOANS Section 5.014.1. Company to Act as Servicer. 34 Servicer 35 Section 5.024.2. Liquidation of Mortgage Loans. Loans 36 Section 5.034.3. Collection of Mortgage Loan Payments. Payments 37 Section 5.044.4. Establishment of and Deposits to Custodial Account. Account 37 Section 5.054.5. Permitted Withdrawals From Custodial Account. 38 Account 39 Section 5.064.6. Establishment of and Deposits to Escrow Account. 39 Account 40 Section 5.074.7. Permitted Withdrawals From Escrow Account. 40 Account 41 Section 5.084.8. Payment of Taxes, Insurance and Other Charges. 41 Charges 42 Section 5.094.9. Protection of Accounts. 41 Accounts 42 Section 5.104.10. Maintenance of Hazard Insurance. Insurance 42 Section 5.114.11. Maintenance of Primary Mortgage Insurance Policy; Claims 44 Section 4.12. Maintenance of Mortgage Impairment Insurance. 43 Insurance 44 Section 5.124.13. Maintenance of Fidelity Bond and Errors and Omissions InsuranceInsurance 45 Section 4.14. 44 Inspections 45 Section 5.13. Inspections. 44 Section 5.144.15. Restoration of Mortgaged Property. Property 45 Section 5.154.16. Maintenance of LPMI Policy; Claims. 45 Claims 46 Section 5.164.17. Title, Management and Disposition of REO Property. Property 46 Section 5.174.18. Real Estate Owned Reports. 49 Reports 47 Section 5.184.19. Liquidation Reports. 49 Reports 48 Section 5.19. Notification of Adjustments. 49 Section 5.204.20. Reports of Foreclosures and Abandonments of Mortgaged PropertyReturns to be Filed 48 Section 4.21. 49 Fair Credit Reporting Act 48 Section 5.214.22. Waiver of Prepayment ChargesDisaster Recovery/Business Continuity Plan 48 Section 4.23. 49 Section 5.22. Credit Reporting. 50 MERS 48 ARTICLE VI. V PAYMENTS TO PURCHASER Section 6.015.1. Remittances. 50 Remittances 49 Section 6.025.2. Statements to Purchaser. 51 Purchaser 49 Section 6.035.3. Monthly Advances by CompanyCompany 49 ARTICLE VI GENERAL SERVICING PROCEDURES Section 6.1. 51Transfers of Mortgaged Property 50 Section 6.2. Satisfaction of Mortgages and Release of Mortgage Files 51 Section 6.3. Servicing Compensation 52 Section 6.4. Annual Statement as to Compliance 52 Section 6.5. Annual Independent Public Accountants’ Servicing Report 52 Section 6.6. Right to Examine Company Records 53 Section 6.7. Compliance with REMIC Provisions 53 ARTICLE VII COMPANY TO COOPERATE Section 7.1. Provision of Information 53 Section 7.2. Financial Statements; Servicing Facility 53 Section 7.3. Cooperation with Third-party Service Providers 54

Representations and Warranties Remedies and Breach. Section 4.01. 3.01 Company Representations and Warranties. 16 13 Section 4.02. 3.02 Representations and Warranties Regarding Individual Mortgage Loans. 18 16 Section 4.03. 3.03 Remedies for Breach of Representations and Warranties. 30 25 Section 4.043.04 Review of Mortgage Loans. Restrictions and Requirements Applicable in the Event that a Mortgage Loan is Acquired by a REMIC. 32 Section 4.05. Pre- Closing Due Diligence. 34 27 ARTICLE V. IV ADMINISTRATION AND SERVICING OF MORTGAGE LOANS Section 5.01. 4.01 Company to Act as Servicer. 34 27 Section 5.02. 4.02 Liquidation of Mortgage Loans. 36 29 Section 5.03. 4.03 Collection of Mortgage Loan Payments. 37 30 Section 5.04. 4.04 Establishment of and Deposits to Custodial Account. 37 30 Section 5.05. 4.05 Permitted Withdrawals From Custodial Account. 38 32 Section 5.06. 4.06 Establishment of and Deposits to Escrow Account. 39 33 Section 5.07. 4.07 Permitted Withdrawals From Escrow Account. 40 34 Section 5.08. 4.08 Payment of Taxes, Insurance and Other Charges. 41 34 Section 5.09. 4.09 Protection of Accounts. 41 35 Section 5.10. 4.10 Maintenance of Hazard Insurance. 42 35 Section 5.11. 4.11 Maintenance of Mortgage Impairment Insurance. 43 37 Section 5.12. 4.12 Maintenance of Fidelity Bond and Errors and Omissions Insurance. 44 37 Section 5.13. 4.13 Inspections. 44 38 Section 5.14. 4.14 Restoration of Mortgaged Property. 45 38 Section 5.15. 4.15 Maintenance of PMI and LPMI Policy; Claims. 45 38 Section 5.16. 4.16 Title, Management and Disposition of REO Property. 46 40 Section 5.17. 4.17 Real Estate Owned Reports. 49 41 Section 5.18. 4.18 Liquidation Reports. 49 41 Section 5.19. Notification of Adjustments. 49 Section 5.20. 4.19 Reports of Foreclosures and Abandonments of Mortgaged Property. 49 Section 5.21. Waiver of Prepayment Charges. 49 Section 5.22. Credit Reporting. 50 41 ARTICLE VI. V PAYMENTS TO PURCHASER Section 6.01. 5.01 Remittances. 50 42 Section 6.02. 5.02 Statements to Purchaser. 51 42 Section 6.03. 5.03 Monthly Advances by Company. 5143 ARTICLE VI GENERAL SERVICING PROCEDURES Section 6.01 Transfers of Mortgaged Property. 43 Section 6.02 Satisfaction of Mortgages and Release of Mortgage Files. 44 Section 6.03 Servicing Compensation. 44 Section 6.04 Annual Statement as to Compliance. 45 Section 6.05 Annual Independent Public Accountants’ Servicing Report. 45 Section 6.06 Right to Examine Company Records. 45 Section 6.07 Appointment and Designation of Master Servicer. 45 ARTICLE VII AGENCY TRANSFER; PASS-THROUGH TRANSFER

Representations and Warranties Remedies and Breach. 22 Section 4.01. 3.01 Company Representations and Warranties. 16 Warranties 22 Section 4.02. 3.02 Representations and Warranties Regarding Individual Mortgage Loans. 18 Loans 22 Section 4.03. 3.03 Repurchase and Other Remedies for Breach 22 Section 3.04 Repurchase of Representations and Warranties. 30 Mortgage Loans With First Payment Defaults 25 Section 4.04. Restrictions and Requirements Applicable in the Event that a 3.05 Purchase Price Protection 25 Section 3.06 Review of Mortgage Loan is Acquired by a REMIC. 32 Section 4.05. Pre- Closing Due Diligence. 34 Loans 25 ARTICLE V. IV ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 26 Section 5.01. 4.01 Company to Act as Servicer. 34 Servicer 26 Section 5.02. 4.02 Liquidation of Mortgage Loans. 36 Loans 27 Section 5.03. 4.03 Collection of Mortgage Loan Payments. 37 Payments 28 Section 5.04. 4.04 Establishment of and Deposits to Custodial Account. 37 Account 28 Section 5.05. 4.05 Permitted Withdrawals From Custodial Account. 38 Account 30 Section 5.06. 4.06 Establishment of and Deposits to Escrow Account. 39 Account 31 Section 5.07. 4.07 Permitted Withdrawals From Escrow Account. 40 Account 32 Section 5.08. 4.08 Payment of Taxes, Insurance and Other Charges. 41 Charges 33 Section 5.09. Protection 4.09 Transfer of Accounts. 41 Accounts 33 Section 5.10. 4.10 Maintenance of Hazard Insurance. 42 Insurance 33 Section 5.11. 4.11 Maintenance of Mortgage Impairment Insurance. 43 Insurance 35 Section 5.12. 4.12 Maintenance of Fidelity Bond and Errors and Omissions Insurance. 44 Insurance 35 Section 5.13. Inspections. 44 4.13 Inspections 36 Section 5.14. 4.14 Restoration of Mortgaged Property. 45 Property 36 Section 5.15. 4.15 Maintenance of LPMI PMI Policy; Claims. 45 Claims 36 Section 5.16. 4.16 Title, Management and Disposition of REO Property. 46 Property 37 Section 5.17. 4.17 Real Estate Owned Reports. 49 Reports 39 Section 5.18. 4.18 Liquidation Reports. 49 Reports 39 Section 5.19. Notification of Adjustments. 49 Section 5.20. 4.19 Reports of Foreclosures and Abandonments of Mortgaged Property. 49 Property 39 Section 5.21. Waiver 4.20 Application of Prepayment Charges. 49 Buydown Funds 39 Section 5.22. 4.21 Notification of Adjustments 40 Section 4.22 Specially Serviced Mortgage Loans 40 Section 4.23 Disaster Recovery/Business Continuity Plan 41 Section 4.24 Fair Credit Reporting. 50 Reporting Act 41 ARTICLE VI. V PAYMENTS TO PURCHASER 42 Section 6.01. Remittances. 50 5.01 Remittances 42 Section 6.02. 5.02 Statements to Purchaser. 51 the Purchaser 42 Section 6.03. 5.03 Monthly Advances by Company. 51Company 43