Common use of Repurchase or Substitution Clause in Contracts

Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 above) within 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Price. In addition, the Seller hereby agrees to reimburse the Company for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substituted. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 43 contracts

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Alternative Loan 2007-Pa3 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2007-10 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2006-16 Trust)

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Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 2 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 3 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 3 above) within 60 90 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Pricethen unpaid principal balance thereof, plus accrued and unpaid interest at the applicable Mortgage Interest Rate, through the last day of the month in which such repurchase takes place. In addition, the Seller hereby agrees to reimburse the Company Purchaser for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company Company, to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 3 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than on the Scheduled Principal Balance date of substitution the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due criteria set forth in the month definition of substitution on "Substitute Mortgage Loan" in the Mortgage Loan for which such mortgage loan is substituted) Pooling and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substitutedServicing Agreement. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 19 contracts

Samples: Mortgage Loan Purchase Agreement (Banc of America Alternative Loan Trust 2007-1), Mortgage Loan Purchase Agreement (Banc of America Mortgage 2006-1 Trust), Mortgage Loan Purchase Agreement (Banc of America Alternative Loan Trust 2006-4)

Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 above) within 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Price. In addition, the Seller hereby agrees to reimburse the Company for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and ), (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than than, that of the Mortgage Loan for which it is substituted, (iii) the same Gross Margin and Index as that of the Mortgage Loan for which it is substituted and (iv) the same frequency of mortgage rate adjustment as that of the Mortgage Loan for which it is substituted. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 16 contracts

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2007-Ar3 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2008-Ar1 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2008-Ar2 Trust)

Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 above) within 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Price. In addition, the Seller hereby agrees to reimburse the Company for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and ), (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substituted, (iii) the same Gross Margin and Index as that of the Mortgage Loan for which it is substituted and (iv) the same frequency of mortgage rate adjustment as that of the Mortgage Loan for which it is substituted. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 12 contracts

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar3 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar1 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar7 Trust)

Repurchase or Substitution. (a) The Seller Wells Fargo Bank hereby agrees to repurchase any Mortgage Loan from xxx Xompany (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller Wells Fargo Bank does not deliver or which defect or breach the Seller Wells Faxxx Xank does not cure (as provided in paragraph 4 above) within wixxxx 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Purchase Price. In addition, the Seller Wells Fargo Bank hereby agrees to reimburse the Company for any Reimbursement Reimxxxxxment Amount. Alternatively, the Seller Wells Fargo Bank hereby agrees, if so requested by the Company to substitute suxxxxxute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller Wells Fargo Bank further agrees that a substituted mortgage loan will have (i) wilx xxxt the requirements of an unpaid principal balance no greater than the Scheduled Principal Balance of the Eligible Substitute Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substituted. The Seller Wells Fargo Bank shall remit to the Company, in cash, the difference between xxxxeen the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Home Equity Asset-Backed Securities 2006-1 Trust), Mortgage Loan Purchase Agreement (Wells Fargo Asset Securities Corp)

Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 2 above, (ii) which is found by the Trustee (or the Custodian Custodian, on behalf of the Trustee) to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 3 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 3 above) within 60 90 days after the date of notice thereof from the Trustee (or the Custodian, on behalf of the Trustee) or the Company, at a price equal to the Repurchase Pricethen unpaid principal balance thereof, plus accrued and unpaid interest at the applicable Mortgage Interest Rate, through the last day of the month in which such repurchase takes place. In addition, the Seller hereby agrees to reimburse the Company Purchaser for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company Company, to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 3 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than on the Scheduled Principal Balance date of substitution the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due criteria set forth in the month definition of substitution on "Substitute Mortgage Loan" in the Mortgage Loan for which such mortgage loan is substituted) Pooling and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substitutedServicing Agreement. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Banc of America Mortgage 2008-a Trust), Mortgage Loan Purchase Agreement (Banc of America Mortgage Securities Inc)

Repurchase or Substitution. (a) The Seller Wells Fargo Bank hereby agrees to repurchase any Mortgage Loan from the Xxxxany (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller Wells Fargo Bank does not deliver or which defect or breach the Seller Wells Fargo Xxxx does not cure (as provided in paragraph 4 above) within 60 withix 00 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Purchase Price. In addition, the Seller Wells Fargo Bank hereby agrees to reimburse the Company for any Reimbursement Reimburxxxxxt Amount. Alternatively, the Seller Wells Fargo Bank hereby agrees, if so requested by the Company to substitute substxxxxx for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller Wells Fargo Bank further agrees that a substituted mortgage loan will have (i) mxxx xhe requirements of an unpaid principal balance no greater than the Scheduled Principal Balance of the Eligible Substitute Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substituted. The Seller Wells Fargo Bank shall remit to the Company, in cash, the difference between bexxxxx the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-4 Trust), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-3 Trust)

Repurchase or Substitution. (a) The Seller Wells Fargo Bank hereby agrees to repurchase any Mortgage Loan (i) for which xxxxx any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller Wells Fargo Bank does not deliver or which defect or breach the Seller Wells Fargo Xxxx does not cure (as provided in paragraph 4 above) within 60 withix 00 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Pricethen unpaid principal balance thereof, plus accrued and unpaid interest at the applicable Mortgage Interest Rate, through the last day of the month in which such repurchase takes place. In addition, the Seller Wells Fargo Bank hereby agrees to reimburse the Company for any Reimbursement Reimburxxxxxt Amount. Alternatively, the Seller Wells Fargo Bank hereby agrees, if so requested by the Company to substitute substxxxxx for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller Wells Fargo Bank further agrees that a substituted mortgage loan will have hxxx (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and ), (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than than, that of the Mortgage Loan for which it is substituted, (iii) the same Gross Margin and Index as that of the Mortgage Loan for which it is substituted and (iv) the same frequency of mortgage rate adjustment as that of the Mortgage Loan for which it is substituted. The Seller Wells Fargo Bank shall remit to the Company, in cash, the difference between bexxxxx the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-2 Trust), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-1 Trust)

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Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 above) within 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Pricethen unpaid principal balance thereof, plus accrued and unpaid interest at the applicable Mortgage Interest Rate, through the last day of the month in which such repurchase takes place. In addition, the Seller hereby agrees to reimburse the Company for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substituted. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Asset Securities Corp)

Repurchase or Substitution. (a) The Seller Depositor hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller Depositor does not deliver or which defect or breach the Seller Depositor does not cure (as provided in paragraph 4 above) within 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Price. In addition, the Seller Depositor hereby agrees to reimburse the Company for any Reimbursement Amount. Alternatively, the Seller Depositor hereby agrees, if so requested by the Company to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller Depositor further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substituted. The Seller Depositor shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2006-1 Trust)

Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 2 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 3 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 3 above) within 60 90 days after the date of notice thereof from the Trustee or the CompanyPurchaser or (iv) for which the related mortgagor has exercised its option to convert from an adjustable rate of interest to a fixed rate of interest pursuant to the terms of the related mortgage note, at a price equal to the Repurchase Pricethen unpaid principal balance thereof, plus accrued and unpaid interest at the applicable Mortgage Interest Rate, through the last day of the month in which such repurchase takes place. In addition, the Seller hereby agrees to reimburse the Company Purchaser for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company Purchaser, to substitute for any such Mortgage LoanLoan (other than a Mortgage Loan described in (iv) above), a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 3 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than on the Scheduled Principal Balance date of substitution the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due criteria set forth in the month definition of substitution on "Substitute Mortgage Loan" in the Mortgage Loan for which such mortgage loan is substituted) Pooling and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substitutedServicing Agreement. The Seller shall remit to the CompanyPurchaser, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan. At the time of any such repurchase by the Seller, the Seller agrees either to promptly (i) liquidate such Mortgage Loan, to the extent that the Seller's rights in respect of the Prior Holder consist of a claim for indemnity or (ii) transfer such Mortgage Loan to the Prior Holder at a price not less than that paid by the Seller to the Purchaser.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Banc of America Mortgage Securities Inc)

Repurchase or Substitution. (a) The Seller hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 2 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 3 above and which document relating thereto the Seller does not deliver or which defect or breach the Seller does not cure (as provided in paragraph 4 3 above) within 60 90 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Pricethen unpaid principal balance thereof, plus accrued and unpaid interest at the applicable Mortgage Interest Rate, through the last day of the month in which such repurchase takes place. In addition, the Seller hereby agrees to reimburse the Company Purchaser for any Reimbursement Amount. Alternatively, the Seller hereby agrees, if so requested by the Company Company, to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 3 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than on the Scheduled Principal Balance date of substitution the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due criteria set forth in the month definition of substitution on "Substitute Mortgage Loan" in the Mortgage Loan for which such mortgage loan is substituted) Pooling and (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than that of the Mortgage Loan for which it is substitutedServicing Agreement. The Seller shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan. BPP Mortgage Loans. With respect to any BPP Mortgage Loan, the Seller hereby agrees to remit to the Trustee, on behalf of the Trust, as assignee of the Company (a) the amount of any principal and interest due by a Mortgagor and cancelled for any month pursuant to the terms of the related Mortgage Note (the "Monthly Covered Amount") upon the disability or involuntary unemployment of the related Mortgagor or (b) the outstanding principal balance of the Mortgage Loan cancelled pursuant to the terms of the related Mortgage Note together with accrued interest at the Mortgage Interest Rate minus the Servicing Fee Rate to the date of cancellation (the "Total Covered Amount") upon the accidental death of the related Mortgagor. Any Monthly Covered Amount or Total Covered Amount payable by the Seller pursuant to this Section 5 shall be deposited by the Seller in the Servicer Custodial Account on or prior to, in the case of any Monthly Covered Amount, the Remittance Date relating to the Distribution Date immediately following the Due Date as to which such Monthly Covered Amount relates and, in the case of a Total Covered Amount, the Remittance Date relating to the Distribution Date in the month following the month in which the cancellation to which such Total Covered Amount relates occurs.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Banc of America Alternative Loan Trust 2006-8)

Repurchase or Substitution. (a) The Seller Depositor hereby agrees to repurchase any Mortgage Loan (i) for which any document is not delivered, as provided in paragraph 3 above, (ii) which is found by the Trustee or the Custodian to be defective in any material respect, as provided in the Pooling and Servicing Agreement, or (iii) which is discovered at any time not to be in conformance with the representations and warranties referred to in paragraph 4 above and which document relating thereto the Seller Depositor does not deliver or which defect or breach the Seller Depositor does not cure (as provided in paragraph 4 above) within 60 days after the date of notice thereof from the Trustee or the Company, at a price equal to the Repurchase Price. In addition, the Seller Depositor hereby agrees to reimburse the Company for any Reimbursement Amount. Alternatively, the Seller Depositor hereby agrees, if so requested by the Company to substitute for any such Mortgage Loan, a new mortgage loan having characteristics such that the representations and warranties referred to in paragraph 4 above would not have been incorrect (except for representations and warranties as to the correctness of the Mortgage Loan Schedule) had such substitute mortgage loan originally been a Mortgage Loan. The Seller Depositor further agrees that a substituted mortgage loan will have (i) an unpaid principal balance no greater than the Scheduled Principal Balance of the Mortgage Loan for which it is substituted (after giving effect to the scheduled principal payment due in the month of substitution on the Mortgage Loan for which such mortgage loan is substituted) and ), (ii) a Net Mortgage Interest Rate equal to and a Loan-to-Value Ratio no greater than than, that of the Mortgage Loan for which it is substituted, (iii) the same Gross Margin and Index as that of the Mortgage Loan for which it is substituted and (iv) the same frequency of mortgage rate adjustment as that of the Mortgage Loan for which it is substituted. The Seller Depositor shall remit to the Company, in cash, the difference between the unpaid principal balance of the Mortgage Loan to be substituted and the unpaid principal balance of the substitute mortgage loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar2 Trust)

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