Common use of Sale of Mortgage Loans; Assignment of the Servicing Agreements Clause in Contracts

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each Servicing Agreement as if the Purchaser had been a party to each such agreement.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2004-2), Mortgage Loan Purchase Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2006-3)

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Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each Servicing Agreement as if the Purchaser had been a party to each such agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2006-13), Mortgage Loan Purchase Agreement (Harborview 2006-6), Mortgage Loan Purchase Agreement (Harborview 2006-2)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date Balance and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each Servicing Agreement as if the Purchaser had been a party to each such agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2007-4), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Corp), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2008-1)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date) (other than (a) the Servicing Rights with respect to the SRO Mortgage Loans (each as defined in the Pooling and Servicing Agreement) and (b) any Reserved Rights with respect to the Mortgage Loans); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each the Servicing Agreement, other than any servicing rights retained pursuant to Agreements and the provisions of such Servicing Agreements, Assignment Agreements to the extent relating to the Mortgage Loans (other than (a) the Servicing Rights with respect to the SRO Mortgage Loans and (b) the Reserved Rights with respect to the Mortgage Loans). The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each the Servicing Agreement Agreements and the Assignment Agreements as if the Purchaser had been a party to each such agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2006-14), Mortgage Loan Purchase Agreement (HarborView 2007-2)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date) (other than the Servicing Rights with respect to the SRO Mortgage Loans (each as defined in the Pooling and Servicing Agreement); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each the Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, Agreements to the extent relating to the Mortgage Loans (other than the Servicing Rights with respect to the SRO Mortgage Loans). The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each the Servicing Agreement Agreements as if the Purchaser had been a party to each such agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2007-6), Mortgage Loan Purchase Agreement (HarborView 2007-5)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan (other than any premium amounts paid by the Seller in connection with the purchase of any Mortgage Loan) and the related Mortgage File, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date); (ii) property which secured such Mortgage Loan and which that has been acquired by foreclosure or deed in lieu of foreclosurebecome an REO Property; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans (including any insurance proceeds) and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, Agreement to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each Servicing Agreement as if the Purchaser had been a party to each such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Luminent Mortgage Trust 2006-2)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each the Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, Agreements to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each the Servicing Agreement Agreements as if the Purchaser had been a party to each such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (RBSGC Mortgage Loan Trust 2007-B)

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Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan (other than any premium amounts paid by the Seller in connection with the purchase of any Mortgage Loan) and the related Mortgage File, including the related Cut-Off off Date Principal Balance, all interest due thereon after the Cut-Off off Date and all collections in respect of interest and principal due after the Cut-Off off Date (and all principal received before the Cut-Off off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off off Date) (other than the Servicing Rights with respect to the SRO Mortgage Loans); (ii) property which secured such Mortgage Loan and which that has been acquired by foreclosure or deed in lieu of foreclosurebecome an REO Property; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans (including any insurance proceeds) and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each the Servicing Agreement, Agreements and the Assignment Agreements (other than any servicing rights retained pursuant the Servicing Rights with respect to the provisions of such Servicing Agreements, to the extent relating to the SRO Mortgage Loans). The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each the Servicing Agreement Agreements and the Assignment Agreements as if the Purchaser had been a party to each such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Luminent 2006-5)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; Loans and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each Servicing Agreement as if the Purchaser had been a party to each such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1)

Sale of Mortgage Loans; Assignment of the Servicing Agreements. The Seller, concurrently with the execution and delivery of this Agreement, does hereby sell, assign, set over, and otherwise convey to the Purchaser, without recourse, all of its right, title and interest in, to and under (i) each Mortgage Loan, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date (and all principal received before the Cut-Off Date to the extent such principal relates to a Monthly Payment due after the Cut-Off Date); (ii) property which secured such Mortgage Loan and which has been acquired by foreclosure or deed in lieu of foreclosure; (iii) its interest in any insurance policies in respect of the Mortgage Loans; and (iv) any Additional Collateral with respect to the Mortgage Loans; and (v) all proceeds of any of the foregoing. Concurrently with the execution and delivery of this Agreement, the Seller hereby assigns to the Purchaser all of its rights and interest (but none of its obligations) under each Servicing Agreement, other than any servicing rights retained pursuant to the provisions of such Servicing Agreements, to the extent relating to the Mortgage Loans. The Purchaser hereby accepts such assignment, and shall be entitled to exercise all such rights of the Seller under each Servicing Agreement as if the Purchaser had been a party to each such agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Zuni 2006-Oa1)

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