Common use of Assumption Agreements Clause in Contracts

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage Note. If Countrywide reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 4 contracts

Samples: Purchase and Servicing Agreement, Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1)

AutoNDA by SimpleDocs

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.20, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Section 11.05. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.20, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 4 contracts

Samples: Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1), Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Investors Trust, Series 2006-A2)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.22, the Purchaser authorizes Countrywide Seller, with the prior written consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide the Seller for similar mortgage loans originated in accordance with the guidelines attached hereto as Exhibit B serviced by Countrywide the Seller for its own account in effect at the time such assumption or substitution is madeaccount. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the unpaid principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Section 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.22, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 4 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-11), Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-12), Reconstituted Servicing Agreement (HarborView 2007-1)

Assumption Agreements. Countrywide shallThe Company will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Company, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Company, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within five Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFNMA Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Company shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Company for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinCompany. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 4 contracts

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

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement shall be additional servicing compensation. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2), 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 2006-Ar5)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 33.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 33.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc3)

Assumption Agreements. Countrywide shallThe Company will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Company, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Company, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeCompany. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Company shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Company for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinCompany. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilityox xxxxility, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Mortgage Loan Sale and Servicing Agreement (GSAA Home Equity Trust 2006-16)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

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

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor Borrower of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor Borrower remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor Borrower remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor Borrower is released from liability and such Person is substituted as Mortgagor Borrower and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage lenders mortgage loans originated by Countrywide for its own account similar to the Loans in effect at the time such assumption state in which the related Mortgaged Property or substitution Cooperative Apartment is madelocated. With respect to an assumption or substitution of liability, the Mortgage Loan Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment, and the final maturity date of such Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Loan File and shall, for all purposes, be considered a part of such Collateral Loan File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

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

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23), Trust Agreement (GSAA Home Equity Trust 2007-2), Master Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-22)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Xxx Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-5), Assumption and Recognition Agreement (Bear Stearns ALT-A Trust II 2007-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2)

Assumption Agreements. Countrywide The Company shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Company, upon prior Purchaser consent, shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Company, with the prior written consent of the insurer under the Primary Mortgage Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeguidelines of Company attached as Exhibit 9 hereto. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Company shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pa Th Ce Se 2002-He), Flow Servicing Agreement (GSAA Home Equity 2005-12)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor Borrower of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor Borrower remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor Borrower remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Servicer, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor Borrower is released from liability and such Person is substituted as Mortgagor Borrower and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage lenders mortgage loans originated by Countrywide for its own account similar to the Loans in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Loan Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment, and the final maturity date of such Note may not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Loan File and shall, for all purposes, be considered a part of such Collateral Loan File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

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

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.20, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Section 11.05. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.20, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Purchase and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2), Purchase and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3), Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar5)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.168.01, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property Prop­erty has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding forward­ing to the Purchaser or its designee the original of any such substitution of liability liabil­ity or assumption agreementagree­ment, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to 8.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation viola­tion of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.168.19, the term “assumption” "assump­tion" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Servicing Agreement (CMALT (CitiMortgage Alternative Loan Trust), Series 2007-A7), Mortgage Loan Purchase and Servicing Agreement (Citicorp Mortgage Securities Trust, Series 2007-6), Mortgage Loan Purchase and Servicing Agreement (Citicorp Mortgage Securities Inc)

Assumption Agreements. Countrywide shallThe Company will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Company will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Company, with the prior written consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution is maderespective states where the Mortgage Properties are located with respect to the same type of mortgage loan and same credit quality as the original Mortgage Loan. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Monthly Payment, Maturity Date, Index, Gross Margin, Initial Rate Cap, Periodic Rate Cap, and Lifetime Mortgage Loan shall Interest Rate Cap may not be changed. Countrywide The Company shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Company for entering into an assumption or substitution of liability agreement shall be retained by the Company as additional servicing compensation. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

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

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Purchaser, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeServicer. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of substitutixx xx liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Servicer, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Reconstituted Servicing Agreement (Harborview 2006-7), Reconstituted Servicing Agreement (HarborView 2007-2), Reconstituted Servicing Agreement (HarborView 2007-5)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Xxx Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

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

Assumption Agreements. Countrywide shall, (a) The Servicer will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of person to whom the Mortgaged Property (has been or is about to be sold, whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under on the Mortgage Note and/or and the Mortgage)Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer may permit an assumption if but only if the Owner approves the creditworthiness of the assuming party. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer will, to the extent it has knowledge of such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide shall the Servicer will not exercise any such right rights if prohibited by Applicable Requirements from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law Applicable Requirements to enforce such "due-on-sale" clause, Countrywide shall enter the Servicer will request the written permission of the Primary Mortgage Insurer, if required to cause the coverage under the Primary Mortgage Insurance Policy to remain in full force and effect, and the Owner prior to entering into an assumption and modification agreement with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state lawApplicable Requirements, the Mortgagor remains liable thereon. Where In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance, and the term of the Mortgage Loan may not be changed. If an assumption is allowed pursuant to this Section 4.165.1(a), the Purchaser authorizes Countrywide Servicer, with the prior consent of the Primary Mortgage Insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person the purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 3 contracts

Samples: Servicing Agreement (GSAA Home Equity Trust 2005-4), Servicing Agreement (Gsaa Home Equity Trust 2004-8), Servicing Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.01, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement [in excess of 1% of the outstanding principal balance of the Mortgage Loan] shall be deposited in the Custodial Account pursuant to Section 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-10), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)

Assumption Agreements. Countrywide shallServicing will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide Servicing shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so. If Countrywide Servicing reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall Servicing will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.163.22, the Purchaser authorizes Countrywide Servicing is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide Servicing shall follow the underwriting practices and procedures employed by Countrywide Servicing for similar mortgage loans originated in accordance with its underwriting guidelines and serviced by Countrywide Servicing for its own account in effect at the time such assumption or substitution is madeaccount. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount Stated Principal Balance of the Mortgage Loan shall not be changed. Countrywide Servicing shall notify the Purchaser Trustee that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser Trustee or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by Countrywide Servicing for entering into an assumption or substitution of liability agreement in excess of 1% of the unpaid Stated Principal Balance of the Mortgage Loan shall be deposited in the Collection Account pursuant to Section 3.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide Servicing shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that which Countrywide Servicing may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.163.22, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He1), Master Mortgage Loan Purchase and Servicing Agreement (Deutsche Alt-a Securities Inc)

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage NoteNote or if the exercise of such right would impair or threaten to impair any recovery under the related PMI Policy, if any. If Countrywide reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide Countrywide, with the prior written consent of the primary mortgage insurer, if any, to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2006-1), Mortgage Loan Purchase and Servicing Agreement (Sequoia Residential Funding Inc)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Servicer is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time Xxxxxx Xxx Guides. In connection with any such assumption or substitution is made. With respect to an assumption or substitution of liabilityassumption, neither the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and Loan, the outstanding principal amount of the Mortgage Loan nor any other materials terms shall be changed without Purchaser's consent. If the credit of the proposed transferee does not be changedmeet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (Gs Mortgage Securities Corp), Warranties and Servicing Agreement (Gs Mortgage Securities Corp)

Assumption Agreements. Countrywide The Interim Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Interim Servicer shall not exercise any such right rights if prohibited by law from doing so by law or the terms of the Mortgage Noteso. If Countrywide the Interim Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Interim Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Interim Servicer is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Interim Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Interim Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Interim Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Interim Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Interim Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Interim Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc1), Master Mortgage Loan Purchase and Interim Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc2)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Servicer, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2007-Ar1), Master Mortgage Loan Purchase and Servicing Agreement (Luminent Mortgage Trust 2006-7)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFNMA Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-1f), Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-2f)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFxxxxx Mxx Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2)

Assumption Agreements. Countrywide shallThe Company will, to the extent it has actual knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Company will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Company, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeCompany. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Company shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Company for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinCompany. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2)

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage NoteNote or if the exercise of such right would impair or threaten to impair any recovery under the related PMI Policy, if any. If Countrywide reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.163.16, the Purchaser authorizes Countrywide Countrywide, with the prior written consent of the insurer under the related PMI Policy, if any, to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and Loan, the outstanding principal amount of the Mortgage Loan and the final maturity date of such Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.163.16, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (HSI Asset Loan Obligation Trust 2006-2), Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)

Assumption Agreements. Countrywide shallSeller will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note to the extent permitted by law, provided that Seller shall permit such assumption if so required in accordance with the terms of the Mortgage or the Mortgage Note. When the Mortgaged Property has been conveyed by the Mortgagor, Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage)such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale" clause to the extent permitted by law; applicable thereto, provided, however, that Countrywide shall Seller will not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy. If Countrywide Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall Seller may enter into an assumption agreement and modifica-tion agree-ment with the Person person to whom the Mortgaged Property such property has been conveyed con-veyed, or is proposed to be conveyed, conveyed pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state applica-ble law, the Mortgagor Mort-gagor remains liable thereon. Where With respect to an assumption, the outstanding principal amount, the Monthly Payment and the Mortgage Interest Rate and any other material terms of the re-lated Mortgage Note shall not be changed, and the term of the Mortgage Loan will not be increased or decreased. If an assumption is allowed pursuant to this Section 4.1612.01, Seller with the Purchaser authorizes Countrywide prior consent of the issuer of the related Primary Mortgage Insurance Policy is authorized to enter into a substitution of liability agreement with the Person to whom Purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original origi-nal Mortgagor is released from liability and such Person Purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with fee collected by Seller for entering into any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed agreement will be retained by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent Seller as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreementadditional servicing compensation.

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6), Letter Agreement (Citigroup Mortgage Loan Trust 2006-Ar7)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or the terms of the Mortgage Noteso. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeUnderwriting Guidelines. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-4), Pooling and Servicing Agreement (Fremont Home Loan Trust 2005-1)

Assumption Agreements. Countrywide shallExcept as otherwise provided in the next sentence, the Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance of any Mortgaged Property by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note Debt Instrument and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale” clause to the extent permitted by law; provided" clause, howeverif any, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage Noteapplicable thereto. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale” clause" clause or enforcement would materially increase the risk of default or delinquency on, Countrywide shall or impair the security for, the Loan, the Servicer will enter into an assumption and modification agreement from or with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note Debt Instrument and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption The Servicer is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide also authorized to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed such person, pursuant to which the original Mortgagor is released from liability and such Person person is substituted as the Mortgagor and becomes liable under the related Mortgage NoteDebt Instrument. In connection with any assumption or substitution, the Servicer shall apply Accepted Servicing Procedures. Any such fee collected by the Servicer in respect of an assumption or substitution of liability agreement shall will be in lieu of an assumption agreementretained by the Servicer as additional servicing compensation. In connection with any such assumption or substitution of liabilityassumption, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the no material term of the Mortgage Debt Instrument (including, but not limited to, the related Loan Interest Rate and the outstanding principal amount of the Mortgage Loan shall not Monthly Payment) may be changedamended or modified, except as otherwise required pursuant to the terms thereof. Countrywide The Servicer shall notify the Purchaser Indenture Trustee that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Indenture Trustee the original copy of any such substitution of liability or assumption agreement, which document copy shall be added to the related Collateral Indenture Trustee's Loan File and shall, for all purposes, be considered a part of such Collateral Indenture Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraph or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or by the terms of the Debt Instrument or any assumption which the Servicer believes in good faith that Countrywide it may be restricted by law from preventing, for any reason whatsoeverwhatever. For purposes of this Section 4.167.1, the term "assumption" is deemed to also include a sale (of the Mortgaged Property Property) subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Residential Asset Funding Corp), Sale and Servicing Agreement (Home Equity Securitization Corp)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilityxx xxability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.include

Appears in 2 contracts

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Bear Stearns ALT-A Trust 2007-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage Note. If Countrywide reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.163.16, the Purchaser authorizes Countrywide to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and Loan, the outstanding principal amount of the Mortgage Loan and the final maturity date of such Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.163.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1), Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Servicer, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2007-Ar1), Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2006-2)

Assumption Agreements. Countrywide The Interim Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Interim Servicer shall not exercise any such right rights if prohibited by law from doing so by law or the terms of the Mortgage Noteso. If Countrywide the Interim Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Interim Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.01, the Purchaser authorizes Countrywide Interim Servicer is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Interim Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated and Accepted Servicing Practices. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Interim Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Interim Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Interim Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Contifinancial Corp), Contifinancial Corp

Assumption Agreements. Countrywide shall, (i) (a) The Servicer will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of person to whom the Mortgaged Property (has been or is about to be sold, whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under on the Mortgage Note and/or and the Mortgage)Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer may permit an assumption if but only if the Owner approves the creditworthiness of the assuming party. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer will, to the extent it has knowledge of such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide shall the Servicer will not exercise any such right rights if prohibited by Applicable Requirements from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law Applicable Requirements to enforce such "due-on-sale" clause, Countrywide shall enter the Servicer will request the written permission of the Primary Mortgage Insurer, if required to cause the coverage under the Primary Mortgage Insurance Policy to remain in full force and effect, and the Owner prior to entering into an assumption and modification agreement with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state lawApplicable Requirements, the Mortgagor remains liable thereon. Where In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance, and the term of the Mortgage Loan may not be changed. If an assumption is allowed pursuant to this Section 4.165.1(a), the Purchaser authorizes Countrywide Servicer, with the prior consent of the Primary Mortgage Insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person the purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (GSAA Home Equity Trust 2006-4), Servicing Agreement (GSAA Home Equity Trust 2006-3)

Assumption Agreements. Countrywide shallSeller will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note to the extent permitted by law, provided that Seller shall permit such assumption if so required in accordance with the terms of the Mortgage or the Mortgage Note. When the Mortgaged Property has been conveyed by the Mortgagor, Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage)such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale" clause to the extent permitted by law; applicable thereto, provided, however, that Countrywide shall Seller will not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated private mortgage guaranty policy, if any. If Countrywide Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall Seller may enter into an assumption and modification agreement with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where In connection with any such assumption, the outstanding principal amount, the Monthly Payment and the Mortgage Interest Rate of the related Mortgage Note shall not be changed, and the term of the Mortgage Loan will not be increased or decreased. If an assumption is allowed pursuant to this Section 4.1612.01, Seller with the Purchaser authorizes Countrywide prior consent of the private mortgage guaranty insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom Purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person Purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any fee collected by Seller for entering into any such substitution of liability assumption agreement shall will be in lieu of an assumption agreementretained by Seller as additional servicing compensation. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage lenders mortgage loans originated by Countrywide for its own account similar to the Mortgage Loans in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Loan Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

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

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXXXXXX XXX Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-11h), Assignment and Assumption Agreement (Structured Asset Securities Corp)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeAccepted Servicing Practices. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement, Ubs Real Estate (MASTR Second Lien Trust 2006-1)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilityxx xxability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: And Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs), Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Assumption Agreements. Countrywide The Interim Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-due on sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Interim Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Interim Servicer reasonably believes it is unable under applicable law to enforce such “due-on-due on sale” clause, Countrywide the Interim Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.01, the Purchaser authorizes Countrywide Interim Servicer, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Interim Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Interim Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Interim Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Interim Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Interim Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

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)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFNMA Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Banc of America Funding 2006-6 Trust), Assignment and Assumption Agreement (Banc of America Funding 2006-5 Trust)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilitysubstitutiox xx xiability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor Borrower of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor Borrower remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor Borrower remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor Borrower is released from liability and such Person is substituted as Mortgagor Borrower and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage lenders mortgage loans originated by Countrywide for its own account similar to the Loans in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Loan Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment, and the final maturity date of such Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Loan File and shall, for all purposes, be considered a part of such Collateral Loan File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Mortgage Loan Purchase and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-6)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the Owner and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Owner shall be deemed to have consented to any assumption for which Owner was given notification and requested to consent, but for which neither a consent nor an objection was given by Owner within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of Lifetime Rate Cap, the Mortgage Loan Initial Rate Cap, the Periodic Rate Cap, the Gross Margin and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Servicing File and shall, for all purposes, be considered a part of such Collateral Servicing File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Flow Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S4), Flow Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A7)

Assumption Agreements. Countrywide The Company shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain Exh. 5-14 liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-"due on sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such “due-on-"due on sale" clause, Countrywide the Company, upon prior Purchaser consent, shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Company, with the prior written consent of the insurer under the Primary Mortgage Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeguidelines of Company attached as Exhibit 9 hereto. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Company shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (GSAA Home Equity Trust 2006-19), Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Seller will enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. The Purchaser shall be deemed to have consented to any assumption for which the Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by the Purchaser within two (2) Business Days of such notification. 57 In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide of the FNMA or FHLMC Guides for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made“A” quality Mortgage Loans. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteNote and the amount of the Monthly Payment may not be changed (and, for adjustable rate Mortgage Loans, none of the applicable adjustable rate terms may not be changed). If the credit of the proposed transferee does not meet such underwriting criteria, the term Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changedLoan. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Purchase, Warranties and Servicing Agreement (Starm Mortgage Loan Trust 2007-2), Purchase, Warranties and Servicing Agreement (STARM Mortgage Loan Trust 2007-3)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is not allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar7), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar4)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilityxxxxxlity, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state State law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of the Xxxxxx Xxx Guide or of the Xxxxxxx Mac Guide related to “A”-quality mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeloans. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment, and the final maturity date may not be changed. Countrywide In addition, for ARM Loans, in no event shall the Index, Margin, Periodic Rate Cap, Adjustment Date, Lifetime Rate Cap or minimum rate be changed. The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

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

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Servicer, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Servicer is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with The Purchaser shall be deemed to have consented to any assumption for which the Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by the Purchaser within two (2) Business Days of such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madenotification. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet the Underwriting Standards, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Assumption and Recognition Agreement (CSMC Mortgage Backed Trust Series 2007-1), Assumption and Recognition Agreement (CSMC Trust 2007-4)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is not allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar6)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilitysubstitutixx xx lxxxility, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

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

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-"due on sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-"due on sale" clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Xxx Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2000-1)

AutoNDA by SimpleDocs

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has actual knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Servicer will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeServicer. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Purchase, Warranties and Servicing Agreement (Homebanc Corp)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-"due on sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-"due on sale" clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is not allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Servicing and Trust Agreement (GSAA Home Equity Trust 2006-15)

Assumption Agreements. Countrywide shall, (a) The Servicer will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of person to whom the Mortgaged Property (has been or is about to be sold, whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under on the Mortgage Note and/or and the Mortgage)Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer may permit an assumption if but only if the Owner approves the creditworthiness of the assuming party. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer will, to the extent it has knowledge of such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide shall the Servicer will not exercise any such right rights if prohibited by Applicable Requirements from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy, if any, or under the LGC or MIC, if applicable. If Countrywide the Servicer reasonably believes it is unable under applicable law Applicable Requirements to enforce such "due-on-sale" clause, Countrywide shall enter the Servicer will request the written permission of the Primary Mortgage Insurer, if required to cause the coverage under the Primary Mortgage Insurance Policy to remain in full force and effect, and the Owner prior to entering into an assumption and modification agreement with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state lawApplicable Requirements, the Mortgagor remains liable thereon. Where In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance, and the term of the Mortgage Loan may not be changed. If an assumption is allowed pursuant to this Section 4.165.1(a), the Purchaser authorizes Countrywide Servicer, with the prior consent of the Primary Mortgage Insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person the purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Servicing Agreement (Gs Mortgage Securities Corp)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Servicer is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time Fannie Mae Guides. In connection xxxx axx such assumption or substitution is made. With respect to an assumption or substitution of liabilityassumption, neither the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and Loan, the outstanding principal amount of the Mortgage Loan nor any other materials terms shall be changed without Purchaser's consent. If the credit of the proposed transferee does not be changedmeet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Gs Mortgage Securities Corp)

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage NoteNote or if the exercise of such right would impair or threaten to impair any recovery under the related PMI Policy, if any. If Countrywide reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall shall, unless instructed otherwise in writing by the Purchaser within three (3) Business Days of the Purchaser's receipt of notice from Countrywide, enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide Countrywide, with the prior written consent of the primary mortgage insurer, if any, to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is not allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Section 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)

Assumption Agreements. Countrywide shallThe Company will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Company, with the approval of the Purchaser, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1610.01, the Company, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeCompany. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Company shall notify the Purchaser and the Master Servicer that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Custodian (with a copy to the Purchaser) the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Company for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinCompany. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1610.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-St1)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the insurer under the Primary Mortgage Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the Owner and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Owner shall be deemed to have consented to any assumption for which Owner was given notification and requested to consent, but for which neither a consent nor an objection was given by Owner within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of Lifetime Rate Cap, the Mortgage Loan Initial Rate Cap, the Periodic Rate Cap, the Gross Margin and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Servicing File and shall, for all purposes, be considered a part of such Collateral Servicing File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Flow Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)

Assumption Agreements. Countrywide shallThe Servicer will use its best efforts to enforce any “due-on-sale” provision contained in any Mortgage or Mortgage Note to the extent permitted by law; provided that the Servicer shall permit such assumption if so required in accordance with the terms of the Mortgage or the Mortgage Note. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage)such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any the “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage Noteapplicable thereto. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Servicer may enter into an assumption and modification agreement with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where In connection with any such assumption, the outstanding principal amount, the Monthly Payment and the Mortgage Interest Rate, the Lifetime Rate Cap (if applicable), the Gross Margin (if applicable), the Initial Rate Cap (if applicable) or the Periodic Rate Cap (if applicable) of the related Mortgage Note shall not be changed, and the term of the Mortgage Loan will not be increased or decreased. If the Servicer receives a request for any Mortgage Loan to be assumed, then the Servicer shall inquire into the creditworthiness of the proposed transferee and shall use the Seller Underwriting Guidelines for approving the credit of the proposed transferee. If an assumption is allowed pursuant to this Section 4.1615.01, the Purchaser authorizes Countrywide Servicer with the prior consent of the private mortgage guaranty insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person the purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Servicer for entering into any such assumption agreement will be retained by the Servicer as additional servicing compensation. Notwithstanding anything any provision herein to the contrary contained hereincontrary, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of enter into a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreementagreement or an assumption agreement without first obtaining the prior written consent of the Purchaser. If the credit of the proposed purchaser does not meet the Seller Underwriting Guidelines, then the Servicer shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Sequoia Mortgage Trust 2013-1)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Owner and Lender (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeApproved Underwriting Guidelines. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner and Lender that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner and Lender the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

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

Assumption Agreements. Countrywide Option One shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-on- sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide Option One shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide Option One reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide Option One shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.20, Option One, with the Purchaser authorizes Countrywide prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide Option One shall follow the its own underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide Option One shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide Option One shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which Option One may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.20, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Assumption Agreements. Countrywide shallSeller will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note to the extent permitted by law, provided that Seller shall permit such assumption if so required in accordance with the terms of the Mortgage or the Mortgage Note. When the Mortgaged Property has been conveyed by the Mortgagor, Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage)such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any “the "due-on-sale" clause to the extent permitted by law; applicable thereto, provided, however, that Countrywide shall Seller will not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated private mortgage guaranty policy, if any. If Countrywide Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall Seller may enter into an assumption and modification agreement with the Person person to whom the Mortgaged Property such property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where In connection with any such assumption, the outstanding principal amount, the Monthly Payment and the Mortgage Interest Rate of the related Mortgage Note shall not be changed, and the term of the Mortgage Loan will not be increased or decreased. If an assumption is allowed pursuant to this Section 4.1612.01, Seller with the Purchaser authorizes Countrywide prior consent of the private mortgage guaranty insurer, if any, is authorized to enter into a substitution of liability agreement with the Person to whom Purchaser of the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person Purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any fee collected by Seller for entering into any such substitution of liability assumption agreement shall will be in lieu of an assumption agreementretained by Seller as additional servicing compensation. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeSeller. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan shall not be changedLoan. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1612.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

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

Assumption Agreements. Countrywide shallThe Company shall cause the Servicer to, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Company shall cause the Servicer to not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicerwill enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. The Company will provide the Purchaser with written notice of the finalization of each such assumption agreement. Where an assumption is allowed pursuant to this Section 4.166.01 and not required by law, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Where an assumption is required by law, the Servicer is authorized to enter into a substitution of liability agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. The Company shall provide the Purchaser and the primary mortgage insurer, if any, with written notice of the finalization of each such substitution of liability agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall cause the Servicer to follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account standards as described in effect at the time such assumption or substitution is made. Exhibit H. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan Loan. The Company shall not be changed. Countrywide shall cause the Servicer to notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinCompany. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company or the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Purchase, Warranties and Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)

Assumption Agreements. Countrywide The Interim Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Interim Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Interim Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide the Interim Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Interim Servicer, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Interim Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution Exh 9-14 of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Interim Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Interim Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Interim Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Interim Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2006-2)

Assumption Agreements. Countrywide shallEach Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the applicable Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide a Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the applicable Servicer, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, a Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide each Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of Lifetime Rate Cap, the Mortgage Loan Initial Rate Cap, the Periodic Rate Cap, the Gross Margin and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the applicable Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. Each Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by a Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinapplicable Servicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide neither Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the applicable Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (J.P. Morgan Alternative Loan Trust 2006-A1)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Seller is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide Seller, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFxxxxx Mae Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller as additional servicing compensation. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guide. With respect to an assumption or substitution of liabilityxxxxxxity, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

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

Assumption Agreements. Countrywide shallServicing will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide Servicing shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so. If Countrywide Servicing reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall Servicing will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.163.22, the Purchaser authorizes Countrywide Servicing is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor Mxxxxxxxx and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide Servicing shall follow the underwriting practices and procedures employed by Countrywide Servicing for similar mortgage loans originated in accordance with its underwriting guidelines and serviced by Countrywide Servicing for its own account in effect at the time such assumption or substitution is madeaccount. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount Stated Principal Balance of the Mortgage Loan shall not be changed. Countrywide Servicing shall notify the Purchaser Trustee that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser Trustee or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by Countrywide Servicing for entering into an assumption or substitution of liability agreement in excess of 1% of the unpaid Stated Principal Balance of the Mortgage Loan shall be deposited in the Collection Account pursuant to Section 3.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide Servicing shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that which Countrywide Servicing may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.163.22, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

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

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeXxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Servicing Agreement (SACO I Trust 2007-1)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, sale and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to-any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFNMA Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.22, the Purchaser authorizes Countrywide Seller, with the prior written consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide the Seller for similar mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeloans. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the unpaid principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Section 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.22, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Servicing Agreement

Assumption Agreements. Countrywide shallThe Servicer will enforce any “due-on-sale” provision contained in any Mortgage or Mortgage Note; provided that, subject to the Purchaser’s prior approval, the Servicer shall permit such assumption if so required in accordance with the terms of the Mortgage or the Mortgage Note. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage)such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under any the “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide shall the Servicer will not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage NoteInsurance Policy, if any, or if the exercise of such rights would impair or threaten to impair any recovery under the related MIC or LGC. If Countrywide Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall Servicer shall, unless instructed otherwise in writing by the Purchaser within three (3) Business Days of the Purchaser’s receipt of notice from Servicer, enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liabilityassumption, Countrywide Servicer shall follow the underwriting practices and procedures employed by Countrywide Servicer for mortgage loans originated by Countrywide Servicer for its own account in effect at the time such assumption or substitution is was made. With respect to an assumption or substitution of liabilityIn connection with any such assumption, the outstanding principal amount, the Monthly Payment, the Mortgage Interest Rate, the Lifetime Rate borne by Cap (if applicable), the Gross Margin (if applicable), the Initial Rate Cap (if applicable) or the Periodic Rate Cap (if applicable) of the related Mortgage NoteNote shall not be changed, and the term of the Mortgage Loan and will not be increased or decreased. If an assumption is allowed pursuant to this Subsection 10.18, the outstanding principal amount Servicer with the prior consent of the issuer of the Primary Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such Insurance Policy, if any, is authorized to enter into a substitution of liability or assumption agreement has been completed by forwarding to with the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale purchaser of the Mortgaged Property subject pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as Mortgagor and becomes liable under the Mortgage that is not accompanied by an assumption or substitution of liability agreementNote.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Assumption Agreements. Countrywide RFC shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan HELOC under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide RFC shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage Notelaw. If Countrywide RFC reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall RFC will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If RFC is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Purchaser authorizes Countrywide RFC is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. The Purchaser shall be deemed to have consented to any assumption for which the Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by the Purchaser within two Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide RFC shall follow the underwriting practices Program Guide and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeAccepted Servicing Practices. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Minimum Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, RFC diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the HELOC. RFC shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. All fees collected by RFC for entering into an assumption or substitution of liability agreement shall belong to RFC. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide RFC shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan HELOC by operation of law or any assumption that Countrywide which RFC may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (GSR Trust 2007-Hel1)

Assumption Agreements. Countrywide SPS shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide SPS shall not exercise any such right rights if prohibited by applicable law from doing so by law or the terms of the Mortgage Noteso. If Countrywide SPS reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide SPS shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1610.19, the Purchaser authorizes Countrywide SPS is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide SPS shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Scheduled Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the The original of any such substitution of liability or assumption agreement, which document agreement shall be added to the related Collateral Trustee Mortgage File and shall, for all purposes, be considered a part of such Collateral Trustee Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by SPS for entering into an assumption or substitution of liability agreement shall be for the benefit of SPS as part of its servicing compensation. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide SPS shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which SPS may be restricted by applicable law from preventing, for any reason whatsoever. For purposes of this Section 4.161019, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Five Oaks Investment Corp.)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor Borrower of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor Borrower remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor Borrower remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor Borrower is released from liability and such Person is substituted as Mortgagor Borrower and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Loan Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment, and the final maturity date of such Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Loan File and shall, for all purposes, be considered a part of such Collateral Loan File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-2)

Assumption Agreements. Countrywide shallThe Seller will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Seller, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Seller, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. Purchaser shall be deemed to have consented to any assumption for which Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by Purchaser within two Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFNMA Guides. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall Monthly Payment and the maturity date may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Seller diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Seller for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinSeller. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement shall be retained by the Seller. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (HarborView 2006-14)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is not allowed pursuant to this Section 4.1611.19, the Purchaser authorizes Countrywide Servicer, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Section 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-10)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy or LPMI Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16applicable law requires a release of the Mortgagor, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy or LPMI Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this subsection or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or the terms of the Mortgage Noteso. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.164.19, the Purchaser authorizes Countrywide Servicer, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for that it customarily employs in servicing and administering mortgage loans originated by Countrywide for its own account and in effect at the time such assumption or substitution is madeaccordance with all applicable federal, state and local laws. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Servicer shall notify the Purchaser Owner or its designee that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser Owner or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Servicing File and shall, for all purposes, be considered a part of such Collateral Servicing File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything Any fee collected by the Servicer for entering into an assumption or substitution of liability agreement to the contrary contained hereinextent not retained by the Servicer shall be deposited in the Custodial Account pursuant to Section 4.04. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.164.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Owner (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

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

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Servicer shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16Subsection 11.19, the Purchaser authorizes Countrywide Servicer, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for of prudent mortgage loans originated by Countrywide for its own account lenders in effect at the time such assumption or substitution state in which the related Mortgaged Property is madelocated. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Servicer for entering into an assumption or substitution of liability agreement in excess of 1% of the outstanding principal balance of the Mortgage Loan shall be deposited in the Custodial Account pursuant to Subsection 11.04. Exh 9-16 Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Subsection or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16Subsection 11.19, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assumption and Recognition Agreement (Hsi Asset Securitization Corp)

Assumption Agreements. Countrywide The Seller shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by lawapplicable thereto; provided, however, that Countrywide the Seller shall not exercise any such right rights if prohibited by law from doing so by law or if the terms exercise of such rights would impair or threaten to impair any recovery under the Mortgage Noterelated Primary Insurance Policy, if any. If Countrywide the Seller reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide the Seller shall enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.1611.20, the Purchaser authorizes Countrywide Seller, with the prior written consent of the insurer under the Primary Insurance Policy, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Seller shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is madeUnderwriting Guidelines. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage NoteRate, the term of the Mortgage Loan and the outstanding principal amount of the Monthly Payment, and the final maturity date of such Mortgage Loan shall Note may not be changed. Countrywide The Seller shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Any fee collected by the Seller for entering into an assumption or substitution of liability agreement shall be retained by the Seller. Notwithstanding anything to the contrary contained hereinforegoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Seller shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Seller may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.1611.20, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (FBR Securitization, Inc.)

Assumption Agreements. Countrywide shallThe Company will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale” sale clause to the extent permitted by law; provided, however, that Countrywide the Company shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If Countrywide the Company reasonably believes it is unable under applicable law to enforce such due-on-sale" clause, Countrywide shall the Company, with the approval of the Purchaser, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Company, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Company shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeCompany. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Loan Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the outstanding principal amount maturity of the Mortgage Loan Loan. The Company shall not be changed. Countrywide shall notify notif' the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Company for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinCompany. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Distribution Instructions (Bear Stearns Asset Backed Securities I Trust 2006-Ac2)

Assumption Agreements. Countrywide shallThe Servicer will, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the a Mortgaged Property (whether by absolute conveyance or by contract of of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.166.01, the Purchaser authorizes Countrywide Servicer, with the prior consent of the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guide. With respect to an assumption or substitution of liabilityxxxxxxixx, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide The Servicer shall notify the Purchaser Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee Owner the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File Mortgage Loan Documents and shall, for all purposes, be considered a part of such Collateral File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

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

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage NoteNote or if the exercise of such right would impair or threaten to impair any recovery under the related PMI Policy, if any. If Countrywide reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide Purchasers authorize Countrywide, with the prior written consent of the primary mortgage insurer, if any, to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the related Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the such Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Confidentiality Agreement (Luminent 2006-5)

Assumption Agreements. Countrywide shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any “due-on-sale” clause to the extent permitted by law; provided, however, that Countrywide shall not exercise any such right if prohibited from doing so by law or the terms of the Mortgage NoteNote or if the exercise of such right would impair or threaten to impair any recovery under the related PMI Policy, if any. If Countrywide reasonably believes it is unable under applicable law to enforce such “due-on-sale” clause, Countrywide shall shall, unless instructed otherwise in writing by the Purchaser within three (3) Business Days of the Purchaser’s receipt of notice from Countrywide, enter into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where an assumption is allowed pursuant to this Section 4.16, the Purchaser authorizes Countrywide Countrywide, with the prior written consent of the primary mortgage insurer, if any, to enter into a substitution of liability agreement with the Person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, Countrywide shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at the time such assumption or substitution is made. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan and the outstanding principal amount of the Mortgage Loan shall not be changed. Countrywide shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral File and shall, for all purposes, be considered a part of such Collateral File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything to the contrary contained herein, Countrywide shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.16, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Zuni 2006-Oa1)

Assumption Agreements. Countrywide The Servicer shall, to the extent it has knowledge of any conveyance or prospective conveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its rights to accelerate the maturity of such Mortgage Loan under any "due-on-sale" clause to the extent permitted by law; provided, however, that Countrywide the Servicer shall not exercise any such right rights if prohibited from doing so by law or the terms of the Mortgage NoteNote from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If Countrywide the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, Countrywide shall the Servicer, with the approval of the Purchaser (such approval not to be unreasonably withheld), will enter into an assumption agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed, pursuant to which such Person person becomes liable under the Mortgage Note and, to the extent permitted by applicable state law, the Mortgagor remains liable thereon. Where If the Servicer is prohibited under applicable law from (a) entering into an assumption agreement with the Person to whom the Mortgaged Property has been conveyed or is allowed pursuant proposed to this Section 4.16be conveyed or (b) requiring the original Mortgagor to remain liable under the Mortgage Note, the Servicer, with the prior consent of the Purchaser authorizes Countrywide and the primary mortgage insurer, if any, is authorized to enter into a substitution of liability agreement with the Person person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. The Purchaser shall be deemed to have consented to any assumption for which the Purchaser was given notification and requested to consent, but for which neither a consent nor an objection was given by the Purchaser within two (2) Business Days of such notification. In connection with any such assumption or substitution of liability, Countrywide the Servicer shall follow the underwriting practices and procedures employed by Countrywide for mortgage loans originated by Countrywide for its own account in effect at of the time such assumption or substitution is madeFannie Mae Guides. With respect to an assumption or substitution of liabilityliaxxxxxx, the xxe Mortgage Interest Rate borne by the related Mortgage Note, the term of the Mortgage Loan Note and the outstanding principal amount of the Mortgage Loan shall Monthly Payment may not be changed. Countrywide If the credit of the proposed transferee does not meet such underwriting criteria, the Servicer diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Servicer shall notify the Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Purchaser or its designee the original of any such substitution of liability or assumption agreement, which document shall be added to the related Collateral Mortgage File and shall, for all purposes, be considered a part of such Collateral Mortgage File to the same extent as all other documents and instruments constituting a part thereof. Notwithstanding anything All fees collected by the Servicer for entering into an assumption or substitution of liability agreement shall belong to the contrary contained hereinServicer. Notwithstanding the foregoing paragraphs of this Section or any other provision of this Agreement, Countrywide the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption that Countrywide which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 4.166.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa4)

Time is Money Join Law Insider Premium to draft better contracts faster.