Common use of Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage Clause in Contracts

Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company shall use reasonable efforts to cause to be maintained for each Mortgage Loan and on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage and flood insurance in accordance with the Program Guide. Any amounts applied to the Company under any such policies (other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07. In the event that the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a), it being understood and agreed that such policy may contain a deductible clause, in which case the Company shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself and the Owner, claims under any such blanket policy in a timely fashion in accordance with the terms of such policy.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1), Servicing Agreement (GSR 2007-Oa2), Custodial Agreement (GSR 2006-Ar2)

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Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company shall use reasonable efforts to cause to be maintained for each Mortgage Loan and on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage and flood insurance in accordance with the Program Guide. Any amounts applied to the Company under any such policies (other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s 's normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07. In the event that the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a), it being understood and agreed that such policy may contain a deductible clause, in which case the Company shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself and the OwnerOwners, claims under any such blanket policy in a timely fashion in accordance with the terms of such policy.

Appears in 2 contracts

Samples: Reconstitution Agreement (HarborView 2007-7), Assignment and Assumption Agreement (Luminent Mortgage Trust 2006-6)

Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company shall use reasonable efforts to cause to be maintained for each Mortgage Loan and on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage and flood insurance in accordance with the Program Guide. Any amounts applied to the Company under any such policies (other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s 's normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07. In the event that the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a), it being understood and agreed that such policy may contain a deductible clause, in which case the Company shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself and the Owner, claims under any such blanket policy in a timely fashion in accordance with the terms of such policy.

Appears in 2 contracts

Samples: Reference Agreement (Banc of America Funding Corp), Reference Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)

Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company shall use reasonable efforts to cause to be maintained for each Mortgage Loan and on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage and flood insurance in accordance with the Program Guide. Each hazard insurance policy must contain or have attached the standard mortgagee clause or commonly accepted by private institutional mortgage investors in the area where the Mortgaged Property is located. The mortgagee clause must provide that the insurance carrier notify the named servicer at lest ten (10) days before the effective date of any termination, reduction or cancellation of the policy. Any amounts applied to the Company under any such policies (other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s 's normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07. In the event that the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a), it being understood and agreed that such policy may contain a deductible clause, in which case the Company shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself and the Owner, claims under any such blanket policy in a timely fashion in accordance with the terms of such policy.

Appears in 2 contracts

Samples: Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3), Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4)

Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company shall use reasonable efforts to cause to be maintained for each Mortgage Loan and on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage and flood insurance in accordance with the Program Guide. Any amounts applied to the Company under any such policies (other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07. In the event that the Company shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a), it being understood and agreed that such policy may contain a deductible clause, in which case the Company shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Company agrees to present, on behalf of itself and the Owner, claims under any such blanket policy in a timely fashion in accordance with the terms of such policy.

Appears in 1 contract

Samples: Custodial Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ramp1)

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Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company Servicer shall use reasonable efforts to cause to be maintained for each Mortgage Loan and all hazard insurance coverage as is required under the related Mortgage or Land Sale Contract; provided that if any Mortgage or Land Sale Contract permits the holder thereof to dictate to the mortgagor the hazard insurance coverage to be maintained on property such Mortgaged Property, the Servicer shall impose such hazard insurance requirements as are consistent with the servicing standard set forth in Section 2 hereof. Subject to Section 5 hereof, the Servicer shall also cause to be maintained for each Mortgaged Property acquired upon forfeiture, foreclosure, or deed in deed-in-lieu of foreclosure, of any Mortgage Loanhazard insurance coverage. All such hazard insurance policies shall contain a "standard" mortgagee clause, fire insurance with extended coverage and flood insurance in accordance with the Program Guide. Any amounts applied loss payable to the Company or Servicer on behalf of the Company, and shall be issued by an insurer authorized under applicable law to issue such insurance. It is understood and agreed that no earthquake or other additional insurance is to be required of any such policies (Mortgagor or maintained on property acquired in respect of a Mortgage or Land Sale Contract other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. In the event that the Company Servicer shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a)Section, it being understood and agreed that such policy may contain a deductible clause, in which case the Company Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in remit to the Custodial Account Company the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of ; provided, that the Mortgage Loans, Servicer shall not be required to maintain insurance under the Company agrees to present, on behalf of itself and the Owner, claims under any such blanket policy in with respect to any Mortgage Loan that has a timely fashion in accordance with the terms scheduled principal balance of such policyless than $10,000.

Appears in 1 contract

Samples: Servicing Agreement (Summit Securities Inc /Id/)

Maintenance of Hazard Insurance and Errors and Omissions and Fidelity Coverage. (a) The Company Servicer shall use reasonable efforts to cause to be maintained for each Mortgage Loan and on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage and flood insurance in accordance with the Program GuideAccepted Servicing Practices. Any amounts applied to the Company Servicer under any such policies (other than amounts applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Company’s Servicer's normal servicing procedures) shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 3.07. In the event that the Company Servicer shall obtain and maintain a blanket policy insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.10(a), it being understood and agreed that such policy may contain a deductible clause, in which case the Company Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.10(a) and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. In connection with its activities as administrator and servicer of the Mortgage Loans, the Company Servicer agrees to present, on behalf of itself and the OwnerTrust Fund, claims under any such blanket policy in a timely fashion in accordance with the terms of such policy.

Appears in 1 contract

Samples: Luminent Mortgage Trust 2006-6

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