Common use of Assumption and Modification Agreements Clause in Contracts

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such event, the Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 12 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-3)

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Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Note Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee Trustee, the Collateral Agent and the Note Insurer an Officer's Certificate certifying that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 11 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Certificate Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee and the Certificate Insurer an Officer's Certificate certifying that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust Fund any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust Fund any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Abfs Mort Ln Tr 2002-3)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Master Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-1), Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-3), Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2003 2)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, ’s portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Servicer shall (so long as such action conforms with the Servicer’s underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee an Officer’s Certificate certifying that such agreement is in compliance with this Section and by forwarding to the Indenture Trustee applicable Subservicer on behalf of the Depositor or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-4), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1)

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; provided, however, that to the extent any such substitution of liability agreement would be delivered by the Master Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Master Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master 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 which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2003-3), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2003-2), Sale and Servicing Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Master Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the Indenture Trustee applicable Servicer on behalf of the Depositor or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (HFC Revolving Corp), Pooling and Servicing Agreement (HFC Revolving Corp), Pooling and Servicing Agreement (HFC Revolving Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 7.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Note Purchaser, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee Trustee, the Collateral Agent and the Note Purchaser an Officer's Certificate certifying that such agreement is in compliance with this Section 7.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage the related Servicer's Loan File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust any Mortgage Loan that has been assumed in accordance with this Section 7.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 7.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 4 contracts

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

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; provided, however, that to the extent any such substitution of liability agreement would be delivered by the Master Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Master Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s 's Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s 's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master 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 which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2), Sale and Servicing Agreement (Accredited Home Lenders Inc), Sale and Servicing Agreement (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Certificate Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee and the Certificate Insurer an Officer's Certificate certifying, that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust Fund any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, ’s portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Servicer shall (so long as such action conforms with the Servicer’s underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee an Officer’s Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Subservicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-1), Sale and Servicing Agreement (HSBC Home Equity Loan Corp I), Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-2)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Certificate Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee Trustee, the Certificate Insurer and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee and the Certificate Insurer an Officer's Certificate certifying that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust Fund any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Master Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee (with a copy to the Insurer) an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-3), Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-2)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyancepermitted by law, exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Note Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee Trustee, the Collateral Agent and the Note Insurer an Officer's Certificate certifying that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Note Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee Trustee, the Note Insurer and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee Trustee, the Collateral Agent and the Note Insurer an Officer's Certificate certifying that such agreement is in compliance with this Section 5.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust Estate any Mortgage Loan that has been assumed in accordance with this Section 5.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing paragraph of this Section 5.05 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Sale and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, ’s portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Servicer shall (so long as such action conforms with the Servicer’s underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee [(with a copy to the Certificate Insurer)] an Officer’s Certificate certifying that such agreement is in compliance with this Section and by forwarding to the Indenture Trustee applicable Subservicer on behalf of the Depositor or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Master Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc2), Sale and Servicing Agreement (Household Mortgage Loan Trust 2002 Hc1)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Master Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, ’s portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer’s underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee an Officer’s Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc1), Sale and Servicing Agreement (Household Mortgage Loan Trust 2004-Hc1)

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; provided, however, that to the extent any such substitution of liability agreement would be delivered by the Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust)

Assumption and Modification Agreements. When (a) In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyancepermitted by law, exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 7.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Note Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee Trustee, the Collateral Agent and the Note Insurer an Officer's Certificate certifying that such agreement is in compliance with this Section 7.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this AgreementAt its sole election, the Servicer shall not be deemed to be in default, breach or may purchase from the Trust any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan that has been assumed in accordance with this Section 7.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by operation of law or any assumption which the Servicer may in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be restricted by law from preventing, for any reason whatsoeverdeposited into the Collection Account in the Due Period in which such repurchase is made.

Appears in 1 contract

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

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Master Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; PROVIDED, HOWEVER, that to the extent any such substitution of liability agreement would be delivered by the Master Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Master Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s 's Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s 's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.or

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mort Loan Trust Asset Back Notes Series 2003-1)

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Master Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; PROVIDED, HOWEVER, that to the extent any such substitution of liability agreement would be delivered by the Master Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Master Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s 's Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s 's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master 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 which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Master Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee [(with a copy to the Insurer)] an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection 38 with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Funding Corp Iii)

Assumption and Modification Agreements. When In any case in which property subject to a Mortgaged Property has been or Mortgage is about to be voluntarily conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such event, the Servicer shall may enter into an assumption and modification agreement with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the related Mortgage Note and, unless prohibited to the extent permitted by applicable law or the related mortgage documents, the Mortgagor Obligor remains liable thereon. The Servicer shall not enter into any assumption agreement which modifies the Mortgage Interest Rate or payment terms of the Mortgage Note without the consent of the Note Insurer. If the foregoing Person to whom such Mortgaged Property has been or is not permitted about to be conveyed satisfies the Servicer's then-current underwriting standards as to borrower creditworthiness for home loans similar to the Home Loans and is in the same Seller credit rating category as that which was assigned to the borrower under applicable lawthe Home Loan being replaced, the Servicer is authorized to may enter into a substitution of liability agreement with such Personperson, pursuant to under which the original Mortgagor previous Obligor is released from liability thereon and such Person the transferee is substituted as Mortgagor an Obligor and becomes liable under the Mortgage Note. The Mortgage Servicer shall not permit an assumption agreement or a substitution of liability agreement with respect to a Home Loan unless permitted by applicable law and unless the Servicer determines that such action would not materially increase the risk of default or delinquency on such Home Loan or materially impair the security for such Home Loan, if assumed, shall conform . The Servicer will not enter into any assumption agreement or substitution of liability agreement unless such agreement complies with the Servicer's standard servicing procedures and the Servicer would enter into such agreement with respect to a home loan in all respects to the requirements and representations and warranties of this Agreementits own portfolio. The Servicer shall notify the Indenture Trustee and the Master Servicer that any applicable assumption agreement or substitution of liability agreement has been completed by forwarding and the Servicer shall forward to the Indenture Trustee Custodian the original copy of such assumption agreement or substitution of liability agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which . Such assumption agreement or substitution of liability agreement shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage the related Home Loan File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be reduced (but may be increased), the Principal Balance of such Home Loan shall not be changed nor shall any required monthly payments and the term of principal or interest such Home Loan will not be deferred or forgivenextended beyond the existing term of such Home Loan. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensationAncillary Servicing Compensation. Notwithstanding the foregoing paragraph any other provision hereof or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason reasons of any assumption of a Mortgage Loan Home Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption which or transfer that the Servicer reasonably believes it may be restricted by law from preventing, for any reason whatsoever. Subject to the limitations in the following paragraph, the Servicer shall not agree to any modification, waiver, or amendment of any provision of any Home Loan unless, in the Servicer's good faith judgment, (i) such modification, waiver or amendment would minimize the loss that might otherwise be experienced with respect to such Home Loan, and (ii) such Home Loan has experienced a payment default or a payment default is reasonably foreseeable by the Servicer. Notwithstanding the foregoing, no modification, waiver, or amendment of a Home Loan shall be permitted which, without the prior written consent of the Note Insurer, would (1) change the Mortgage Interest Rate, (2) forgive the payment of any principal or interest, (3) impair the priority of the lien represented by the related Mortgage, (4) extend the final maturity date of the Home Loan beyond September 25, 2029 in any case except to the extent required under the Relief Act, or (5) provide for any modified Monthly Payment in an amount less than the current accrued interest on the Principal Balance of such Home Loan. Pursuant to the restrictions set forth in the preceding paragraph, the Servicer shall have the right to modify, waive or amend any provisions of the Home Loans, in an aggregate amount (as measured by the Principal Balances of such Home Loans) not to exceed 3.0% of the Initial Pool Principal Balance of the Home Loans without the consent of the Note Insurer. Any modification, waiver or amendment of Home Loans in excess of the foregoing 3.0% limitation shall be subject to prior written consent of the Note Insurer and the Principal Balance of any Home Loan so modified, waived or amended shall be included in the calculation of the Delinquency Percentage and the Delinquency Loss Factor. In conjunction with the foregoing, the Servicer shall notify the Indenture Trustee of any modification, waiver or amendment of any provision of any Home Loan and the date thereof, and shall deliver to the Custodian for deposit in the related Home Loan File, an original counterpart of the agreement relating to such modification, waiver or amendment, promptly following the execution thereof. Such notice shall state that the conditions contained in this Section 2.04 have been satisfied.

Appears in 1 contract

Samples: Servicing Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master 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 which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-3)

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Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.5, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Certificate Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee and the Certificate Insurer an Officer's Certificate certifying, that such agreement is in compliance with this Section 5.5 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the related Trust Fund any Mortgage Loan that has been assumed in accordance with this Section 5.5 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the related Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing, the Servicer shall not enter into an assumption, modification or substitution of liability agreement unless it has received an Opinion of Counsel that such assumption, modification or substitution of liability will not adversely affect the status of the related Trust Fund as a grantor trust for federal income tax purposes, in the case of Trust 1B, or will not constitute a Prohibited Transaction, in the case of Trust 1A. Notwithstanding the foregoing paragraph of this Section 5.5 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Master Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; PROVIDED, HOWEVER, that to the extent any such substitution of liability agreement would be delivered by the Master Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Master Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s 's Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s 's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer or the Subservicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master 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 which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Home Lenders Inc)

Assumption and Modification Agreements. When In any case in which -------------------------------------- a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyancepermitted under applicable law, exercise its rights right, if any, to accelerate the maturity of the related Mortgage Home Equity Loan secured thereby, under any “a due-on-sale” clause contained in sale clause, if any, therein. To the related Mortgage or Mortgage Note; provided, however, extent that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would such acceleration is not materially and adversely affect the interest of the Noteholders. In such eventpermitted under applicable law, the Master Servicer shall is further authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes shall become liable under the Mortgage Note and, unless prohibited by applicable law or and the mortgage documents, the Mortgagor remains Obligor shall remain liable thereon. If the foregoing is not related Home Equity Loan contains a due-on-sale clause, no assumption or modification shall be permitted under applicable law, if any term of the Servicer is authorized to enter into a substitution Home Equity Loan other than the identity of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage NoteObligor would thereby be changed. The Mortgage Loan, if assumed, Master Servicer shall conform in all respects forward to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage the related Loan File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall may be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph of this Section or any other provision of this Agreement, the Master 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 Home Equity Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Master Servicer reasonably believes it may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Master Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee [(with a copy to the Insurer)] an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Depositor or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Master Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee [(with a copy to the Certificate Insurer)] an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the Indenture Trustee applicable Servicer on behalf of the Depositor or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the 38 original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Mortgage Funding Corp Iii)

Assumption and Modification Agreements. (a) When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersCertificateholders. In such event, the Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Accredited Mortgage Loan REIT Trust)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Servicer shall (so long as such action conforms with the Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the Indenture Trustee applicable Servicer on behalf of the Seller or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Compass Asset Acceptance Co)

Assumption and Modification Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the NoteholdersNoteholders or of the Note Insurer. In such event, the Master Servicer shall enter into an assumption and modification agreement with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Master Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note; provided, however, that to the extent any such substitution of liability agreement would be delivered by the Master Servicer outside of its usual procedures for mortgage loans held in its own portfolio the Master Servicer shall, prior to executing and delivering such agreement, obtain the prior written consent of the Note Insurer. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s 's Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s 's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.or

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2)

Assumption and Modification Agreements. When In any case in which a -------------------------------------- Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyancepermitted under applicable law, exercise its rights right, if any, to accelerate the maturity of the related Mortgage Home Equity Loan secured thereby, under any “a due-on-sale” clause contained in sale clause, if any, therein. To the related Mortgage or Mortgage Note; provided, however, extent that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Master Servicer reasonably believes that to permit an assumption of the Mortgage Loan would such acceleration is not materially and adversely affect the interest of the Noteholders. In such eventpermitted under applicable law, the Master Servicer shall is further authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes shall become liable under the Mortgage Note and, unless prohibited by applicable law or and the mortgage documents, the Mortgagor remains Obligor shall remain liable thereon. If the foregoing is not related Home Equity Loan contains a due-on-sale clause, no assumption or modification shall be permitted under applicable law, if any term of the Servicer is authorized to enter into a substitution Home Equity Loan other than the identity of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage NoteObligor would thereby be changed. The Mortgage Loan, if assumed, Master Servicer shall conform in all respects forward to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution agreement has been completed by forwarding to the Indenture Trustee the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage the related Loan File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall may be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph of this Section or any other provision of this Agreement, the Master 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 Home Equity Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Master Servicer reasonably believes it may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Servicer shall (so long as such action conforms with the Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the applicable Servicer on behalf of the Seller or the Indenture Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Compass Asset Acceptance Co)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 5.5, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Certificate Insurer, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee and the Certificate Insurer an Officer's Certificate certifying, that such agreement is in compliance with this Section 5.5 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. At its sole election, the Servicer may purchase from the Trust Fund any Mortgage Loan that has been assumed in accordance with this Section 5.5 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by the Servicer in its good faith judgment) and (ii) the Loan Repurchase Price. Such amount, if any, shall be deposited into the Collection Account in the Due Period in which such repurchase is made. Notwithstanding the foregoing, the Servicer shall not enter into an assumption, modification or substitution of liability agreement unless it has received an Opinion of Counsel that such assumption, modification or substitution of liability will not adversely affect the status of the Trust Fund as a grantor trust for federal income tax purposes. Notwithstanding the foregoing paragraph of this Section 5.5 or any other provision of this Agreement, 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 Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption or transfer which the Servicer reasonably believes it may be restricted by law from preventing, preventing for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “dueconsistent with the then-on-sale” clause contained current practice of the Master Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note Loan Agreement and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section 3.05 and by forwarding to the Indenture Trustee applicable Subservicer on behalf of the Seller or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Loan Agreement may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Loan Agreement pursuant to the assumption or substitution, third paragraph of Section 3.01 and unless the stated maturity or outstanding Principal Balance conditions specified in the third paragraph of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.Section 3.01

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Assumption and Modification Agreements. When In any case in which property subject to a Mortgaged Property has been or Mortgage is about to be voluntarily conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its rights to accelerate the maturity of the related Mortgage Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, is not enforceable under applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such event, the Servicer shall may enter into an assumption and modification agreement with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the related Mortgage Note and, unless prohibited to the extent permitted by applicable law or the related mortgage documents, the Mortgagor Obligor remains liable thereon. The Servicer shall not enter into any assumption agreement which modifies the Mortgage Interest Rate or payment terms of the Mortgage Note without the consent of the Note Insurer. If the foregoing Person to whom such Mortgaged Property has been or is not permitted about to be conveyed satisfies the Servicer's then-current underwriting standards as to borrower creditworthiness for home loans similar to the Home Loans and is in the same Seller credit rating category as that which was assigned to the borrower under applicable lawthe Home Loan being replaced, the Servicer is authorized to may enter into a substitution of liability agreement with such Personperson, pursuant to under which the original Mortgagor previous Obligor is released from liability thereon and such Person the transferee is substituted as Mortgagor an Obligor and becomes liable under the Mortgage Note. The Mortgage Servicer shall not permit an assumption agreement or a substitution of liability agreement with respect to a Home Loan unless permitted by applicable law and unless the Servicer determines that such action would not materially increase the risk of default or delinquency on such Home Loan or materially impair the security for such Home Loan, if assumed, shall conform . The Servicer will not enter into any assumption agreement or substitution of liability agreement unless such agreement complies with the Servicer's standard servicing procedures and the Servicer would enter into such agreement with respect to a home loan in all respects to the requirements and representations and warranties of this Agreementits own portfolio. The Servicer shall notify the Indenture Trustee and the Master Servicer that any applicable assumption agreement or substitution of liability agreement has been completed by forwarding and the Servicer shall forward to the Indenture Trustee Custodian the original copy of such assumption agreement or substitution of liability agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File and which . Such assumption agreement or substitution of liability agreement shall, for all purposes, be considered a part of such Indenture Trustee’s Mortgage the related Home Loan File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related Mortgage Loan shall not be changed but shall remain as in effect immediately prior to the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be reduced (but may be increased), the Principal Balance of such Home Loan shall not be changed nor shall any required monthly payments and the term of principal or interest such Home Loan will not be deferred or forgivenextended beyond the existing term of such Home Loan. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensationAncillary Servicing Compensation. Notwithstanding the foregoing paragraph any other provision hereof or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason reasons of any assumption of a Mortgage Loan Home Loan, or transfer of any Mortgaged Property without the assumption thereof, by operation of law or any assumption which or transfer that the Servicer reasonably believes it may be restricted by law from preventing, for any reason whatsoever. Subject to the limitations in the following paragraph, the Servicer shall not agree to any modification, waiver, or amendment of any provision of any Home Loan unless, in the Servicer's good faith judgment, (i) such modification, waiver or amendment would minimize the loss that might otherwise be experienced with respect to such Home Loan, and (ii) such Home Loan has experienced a payment default or a payment default is reasonably foreseeable by the Servicer. Notwithstanding the foregoing, no modification, waiver, or amendment of a Home Loan shall be permitted which, without the prior written consent of the Note Insurer, would (1) change the Mortgage Interest Rate, (2) forgive the payment of any principal or interest, (3) impair the priority of the lien represented by the related Mortgage, (4) extend the final maturity date of the Home Loan beyond March 25, 2030 in any case except to the extent required under the Relief Act, or (5) provide for any modified Monthly Payment in an amount less than the current accrued interest on the Principal Balance of such Home Loan. Pursuant to the restrictions set forth in the preceding paragraph, the Servicer shall have the right to modify, waive or amend any provisions of the Home Loans, in an aggregate amount (as measured by the Principal Balances of such Home Loans) not to exceed 3.0% of the Initial Pool Principal Balance of the Home Loans without the consent of the Note Insurer. Any modification, waiver or amendment of Home Loans in excess of the foregoing 3.0% limitation shall be subject to prior written consent of the Note Insurer and the Principal Balance of any Home Loan so modified, waived or amended shall be included in the calculation of the Delinquency Percentage and the Delinquency Loss Factor. In addition, the Servicer may agree to the subordination of a Home Loan (and request that the Indenture Trustee enter into a subordination agreement with respect thereto) in connection with the refinancing of the existing senior lien on the related Mortgaged Property or the substitution of a new Mortgaged Property for the original Mortgaged Property, provided that (a) in connection with a refinancing, such subordination would permit the related Obligor to refinance the related senior lien to take advantage of a lower interest rate or would permit the Obligor to extend the term of the related senior lien and (b) with respect to any substitution of Mortgaged Property, the resulting security for the Home Loan, in the good faith business judgment of the Servicer, would not be impaired. In conjunction with the foregoing, the Servicer shall notify the Indenture Trustee of any modification, waiver or amendment of any provision of any Home Loan or the subordination of a Home Loan and the date thereof, and shall deliver to the Custodian for deposit in the related Home Loan File, an original counterpart of the agreement relating to such modification, waiver, amendment or subordination agreement, promptly following the execution thereof. Such notice shall state that the conditions contained in this Section 2.04 have been satisfied.

Appears in 1 contract

Samples: Servicing Agreement (Financial Asset Securities Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Master Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee [(with a copy to the Certificate Insurer)] an Officer's Certificate certifying that such agreement is in compliance with this Section and by forwarding to the Indenture Trustee applicable Servicer on behalf of the Depositor or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of the related such Mortgage Loan under any “due-on-sale” clause contained consistent with the then current practice of the Master Servicer and without regard to the inclusion of such Mortgage Loan in the related Mortgage Trust unless prohibited by law from doing so. If it elects not to enforce its right to accelerate or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Servicer, it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new origination) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If ; provided, however that the foregoing is Master Servicer shall not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability any such assumption or modification agreement with such Person, pursuant unless the Master Servicer has determined that the Person to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes become liable under the Mortgage NoteLoan has achieved a credit grade under the Master Servicer's then current credit scoring policy of at least the same level achieved by the original Mortgagor at the time the Mortgage Loan was originated. The In the event that the Trust acquires any Mortgaged Property as aforesaid or otherwise in connection with a default or imminent default on a Mortgage Loan, if assumed, such Mortgaged Property shall conform in all respects be disposed of by or on behalf of the Trust within two (2) years after its acquisition by the Trust unless the Trustee shall have received an Opinion of Counsel to the requirements and representations and warranties effect that the holding by the Trust of this Agreementsuch Mortgaged Property subsequent to two (2) years after its acquisition will not result in the imposition of taxes on "prohibited transactions" of the Trust as defined in section 860F of the Code or cause the Upper-Tier REMIC or the Lower-Tier REMIC to fail to qualify as a REMIC at any time that any Certificates are outstanding. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section 3.6 and by forwarding to the Indenture Trustee Document Custodian the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Loan may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on extent that such change would not be permitted to be made in respect of the related original Mortgage Loan shall not be changed but shall remain as in effect immediately prior pursuant to the assumption Section 3.1(e) or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgiven(f). Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, shall exercise its rights right to accelerate the maturity of the related Mortgage Loan and require that the Principal Balance thereof be paid in full on or prior to such conveyance by the Mortgagor under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any applicable thereto. If such right if (i) the “"due-on-sale" clause, in the reasonable belief of the Servicerby its terms, is not enforceable under applicable law operable or (ii) the Servicer reasonably believes that to permit an assumption is prevented, as provided in the last paragraph of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In this Section 7.05, from enforcing any such eventclause, the Servicer shall is authorized, subject to the consent of the Initial Purchaser, to take or enter into an assumption and modification agreement from or with the Person to whom such property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note and, unless prohibited by applicable law or the mortgage documents, and the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable lawthereon or, if the Servicer is authorized to enter into a substitution of liability agreement with such Personin its reasonable judgment finds it appropriate, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreementthereon. The Servicer shall notify the Indenture Trustee and the Collateral Agent that any applicable assumption or substitution and modification agreement has been completed by forwarding delivering to the Indenture Trustee Trustee, the Collateral Agent and the Initial Purchaser an Officer's Certificate certifying that such agreement is in compliance with this Section 7.05 together with the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In connection with any such assumption or substitution agreement, the required monthly payment on the related then current Mortgage Loan Interest Rate thereon shall not be changed but shall remain as in effect immediately prior to the assumption increased or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivendecreased. Any fee collected by the Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this AgreementAt its sole election, the Servicer shall not be deemed to be in default, breach or may purchase from the Trust any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan that has been assumed in accordance with this Section 7.05 within one month after the date of such assumption at a price equal to the greater of (i) the fair market value of such Mortgage Loan (as determined by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.in its good faith judgment) and

Appears in 1 contract

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

Assumption and Modification Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance shall exercise or prospective conveyance, exercise refrain from exercising its rights right to accelerate the maturity of such Home Equity Loan consistent with the related Mortgage then-current practice of the Master Servicer and without regard to the inclusion of such Home Equity Loan under any “due-on-sale” clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall Trust and not exercise any such right if (i) the “due-on-sale” clause, in the reasonable belief of the Master Servicer, 's portfolio. If it elects not to enforce its right to accelerate or if it is not enforceable under prevented from doing so by applicable law or (ii) the Servicer reasonably believes that to permit an assumption of the Mortgage Loan would not materially and adversely affect the interest of the Noteholders. In such eventlaw, the Master Servicer shall (so long as such action conforms with the Master Servicer's underwriting standards at the time for new originations) is authorized to take or enter into an assumption and modification agreement from or with the Person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which such Person becomes liable under the Mortgage Note andNote, unless prohibited to the extent permitted by applicable law or the mortgage documentslaw, the Mortgagor remains liable thereon. If the foregoing is not permitted under applicable law, the Servicer is authorized to enter into a substitution of liability agreement with such Person, pursuant to which the original Mortgagor is released from liability and such Person is substituted as Mortgagor and becomes liable under the Mortgage Note. The Mortgage Loan, if assumed, shall conform in all respects to the requirements and representations and warranties of this Agreement. The Master Servicer shall notify the Indenture Trustee that any applicable assumption or substitution and modification agreement has been completed by delivering to the Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section 3.05 and by forwarding to the Indenture Trustee applicable Servicer on behalf of the Depositor or the Trustee, as applicable, the original copy of such assumption or substitution and modification agreement, which copy shall be added by the Indenture Trustee to the related Indenture Trustee’s Mortgage File . Any such assumption and which modification agreement shall, for all purposes, be considered a part of such Indenture Trustee’s the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. The No change in the terms of the related Mortgage Note may be made by the Master Servicer shall be responsible for promptly recording any such assumption or substitution agreements. In in connection with any such assumption or substitution agreement, to the required monthly payment on the related Mortgage Loan shall extent that such change would not be changed but shall remain as permitted to be made in effect immediately prior respect of the original Mortgage Note pursuant to Section 3.01 unless the assumption or substitution, the stated maturity or outstanding Principal Balance of such Mortgage Loan shall not be changed, the Mortgage Interest Rate shall not be changed nor shall any required monthly payments of principal or interest be deferred or forgivenconditions specified in Section 3.01 are satisfied. Any fee collected by the Master Servicer for consenting to entering into any such conveyance or entering into an assumption or substitution agreement shall will be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, 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 which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

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