Common use of Maintenance of Hazard Insurance Clause in Contracts

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the related Mortgage Loan and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 2 contracts

Samples: Commercial Servicing Agreement (Peoples Preferred Capital Corp), Commercial Servicing Agreement (Peoples Preferred Capital Corp)

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Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best’s Key Rating Guide (“Best’s”) against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best’s in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Xxx Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five thirty (4530) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. If a Mortgage is secured by a unit in a condominium project, the Seller shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Mae requirements and shall continue to monitor the continued maintenance of such coverage. The Seller shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insuranceregulations, or pursuant to the requirements of any the applicable primary private mortgage guaranty insurer, if any, or as may be required to conform with Accepted Servicing Practices. In the event that any Purchaser or the Seller shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Seller shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's ’s and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the The Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044(d), any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's ’s normal servicing procedures as specified in Section 2.144(n)) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054(e). Notwithstanding anything set forth in the preceding paragraph, the Seller agrees to indemnify the Purchaser for any claims, losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Mortgagor (or the Seller) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 2 contracts

Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-15n)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and Accepted Servicing Practices that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, Accepted Servicing Practices or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage customary in the area where the Mortgaged Property are insured is located by a generally an insurer acceptable insurer against loss by fire to Xxxxxx Xxx or Xxxxxxx Mac and hazards of extended coverageFHA or VA, as applicable, in an amount which is at least equal to the lesser of (ia) the maximum full insurable value of the improvements securing such Mortgaged Property or (b) the greater of (i) the outstanding principal balance owing on the Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof of such insurance shall be sufficient to prevent avoid the application to the Mortgagor or the loss payee of any coinsurance clause under the policy. In the event a hazard insurance policy shall be terminated, or in the event the insurer shall cease to be acceptable to Xxxxxx Mae or Xxxxxxx Mac, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from becoming another insurer acceptable to Xxxxxx Mae or Xxxxxxx Mac a co-insurerreplacement hazard insurance policy substantially and materially similar in all respects to the original policy. If required the Mortgaged Property is in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by a special flood hazard area (and such flood insurance has been made available) the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal National Flood Insurance Administration in effect with a generally acceptable insurance carrier Program, in an amount representing coverage not less than the lesser of (iA) the minimum amount required under the terms of the coverage to compensate for any damage or loss to the Mortgaged Property on a replacement-cost basis (or the outstanding principal balance of the related Mortgage Loan and if replacement-cost basis is not available) or (iiB) the maximum amount of insurance which is available under the National Flood Disaster Protection Act of 1973, as amendedInsurance Program. If at any time during the term of the Mortgage Loan, the Seller determines in accordance The Servicer shall also maintain on REO Property fire and hazard insurance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered extended coverage in an amount less than which is at least equal to the maximum insurable value of the improvements which are a part of such property, liability insurance and, to the extent required and available under the National Flood Insurance Program, flood insurance in an amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalfabove. The Seller shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the property subject to the related Mortgaged Property, Mortgage or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14Customary Servicing Procedures) shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.0511.05. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer of any Mortgagor or maintained on REO Property other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. All policies required hereunder shall be endorsed with standard mortgagee clauses with loss payable to Servicer, and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either its insurance carrier or agent; provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are acceptable to Xxxxxx Mae or Xxxxxxx Mac and FHA or VA, as applicable, and are licensed to do business in the state wherein the property subject to the policy is located. The hazard insurance policies for each Mortgage Loan secured by a unit in a condominium development or planned unit development shall be maintained with respect to such Mortgage Loan and the related development in a manner which is consistent with Xxxxxx Mae or Xxxxxxx Mac requirements and FHA or VA requirements, as applicable.

Appears in 2 contracts

Samples: Custodial Agreement (GSR Mortgage Loan Trust 2006-9f), Custodial Agreement (GSR Mortgage Loan Trust 2006-10f)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mxx or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mae or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fxxxxx Mxx Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

Samples: Assumption and Recognition Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to XXXXXX MAE and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to XXXXXX XXX and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the XXXXXX MAE Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the XXXXXX XXX Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Xxx or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortxxxxx Pxxxerty xx xxxated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than xxxx xhan the lesser of xxxxx xf (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood speciax xxxxd hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as regxxxxxxnx xs shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. In the event a hazard insurance policy shall be terminated, or in the event the insurer shall cease to be acceptable to FNMA or FHLMC, the Seller shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. If a Mortgage is secured by a unit in a condominium project, the Seller shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA requirements, and secure from the owner’s association its agreement to notify the Seller promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. In the event that the Purchaser shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained on each by the Mortgagor pursuant to the terms of the Mortgage, the Seller shall, at the Purchaser’s request, communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property such or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other or additional insurance as may need be required by the Seller or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Moxxxxxxd Properxx xx xocated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less nox xxxx than the lesser thx xxxxx of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood specxxx xxood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations rxxxxxxixxx as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

Samples: Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Xxxxxx Xxx Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Xxx or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan during the related Interim Servicing Period fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortgxxxx Xrxxxrty xx xxxxted in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than lxxx xxan the lesser of lxxxx xx (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood xxxxx hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Any amounts collected by the Seller shall cause under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.04. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as reguxxxxxxs xx shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mxx or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mae or FHLMC, in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fxxxxx Mxx Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Company shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Fxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Company. The Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the Company shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan during the related Interim Servicing Period fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Xxxxxxgxx Propxxxx xx located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less xxx xxss than the lesser xxx xxxst of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special spxxxxx flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Any amounts collected by the Seller shall cause under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.04. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations xxxxxaxxxns as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each First Lien Mortgage Loan, hazard insurance (with extended coverage as is customary in the area where the Mortgaged Property is located) such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under the Xxxxxx Xxx Guides against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the Xxxxxx Mae Guides, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and or (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, each Mortgage Loan is is, and shall continue to be, covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier acceptable under the Xxxxxx Xxx Guides in an amount representing coverage not less than the lesser of (i) the outstanding aggregate unpaid principal balance of the related Mortgage Loan and Loan, (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amendedamended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), or (iii) the full replacement value of the improvements which are part of such Mortgaged Property. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. Notwithstanding the foregoing, Servicer shall have no liability to Owner or any third party for any penalties or fines imposed based on Servicer’s failure to timely notify the Director of FEMA and the flood insurance provider related to a servicing transfer if Servicer is not provided with flood insurance information; provided that, the Servicer shall have promptly provided Owner with notice of such missing flood insurance information. Notwithstanding the foregoing, the Servicer shall maintain a blanket insurance policy in sufficient amounts to cover any uninsured loss due to any gap in Mortgagor provided coverage. If a First Lien Mortgage Loan is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the homeowners’ association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Mae requirements, and secure from the homeowners’ association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that the Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall in accordance with the Xxxxxx Xxx Guides make commercially reasonable efforts to communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller Servicer and its successors and assigns as a mortgagee and loss payee and shall be endorsed with non-non contributory standard or New York mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated currently reflect a General Policy Rating of A:VI or better in under Best's ’s Key Rating Guides, are acceptable under the Xxxxxx Mae Guides and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the Xxxxxx Xxx Guides, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Servicer’s normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 2 contracts

Samples: Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. In the event a hazard insurance policy shall be terminated, or in the event the insurer shall cease to be acceptable to FNMA or FHLMC, the Seller shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. If a Mortgage is secured by a unit in a condominium project, the Seller shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA requirements, and secure from the owner's association its agreement to notify the Seller promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. In the event that the Purchaser shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained on each by the Mortgagor pursuant to the terms of the Mortgage, the Seller shall, at the Purchaser's request, communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property such or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other or additional insurance as may need be required by the Seller or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance Outstanding Principal Balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance Outstanding Principal Balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HomeBanc 2007-1), Pooling and Servicing Agreement (HomeBanc 2006-1)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Xxx Guide that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Mae Guide or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 2 contracts

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of such Mortgage Loan in accordance with the Mortgage Loan and or (b2) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee from becoming a co-insurer. If required any Mortgaged Property is in an area identified by the Flood Disaster Protection Act of 1973Federal Emergency Management Agency as having special flood hazards and such flood insurance has been made available, as amended, each Mortgage Loan is covered by then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier carrier, in an amount representing coverage not less than the lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during amended (assuming that the term of the Mortgage Loan, the Seller determines area in accordance with applicable law that a which such Mortgaged Property is located is participating in a special flood such program). The Servicer shall also maintain on each REO Property fire, hazard area and is not covered by flood insurance or is covered in an amount less than liability insurance, and to the amount extent required by and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the Seller lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or, upon request, to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-” or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Collection Account within two Business Days after receipt, subject to withdrawal in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer of the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 2 contracts

Samples: Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-2), Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's Key Rating Guide ("Best's") against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard fxxxx xaxxxd area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Fannie Mae requirements, and secure from the owner's association its xxxxxxent to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Servicer as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerServicer's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Correspondent Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2003-6a)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and the requirements of Xxxxxx Xxx that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Company shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.058.08. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the requirements of Xxxxxx Mae or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Company. The Company shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Company shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Moxxxxxxd Xxoperxx xx xocated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less nox xxxx than the lesser thx xxxxx of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood specxxx xxood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations rxxxxxxixxx as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Xxx and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a xxxx of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S1)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under Xxxxxx Xxx or Xxxxxxx Mac guidelines against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which that is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, Loan the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) 45 days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller If a Mortgage Loan is secured by a unit in a condominium project, the Servicer shall cause to verify that the coverage required of the owner’s association, including hazard, flood, liability and fidelity coverage, is being maintained in accordance with, at a minimum, the then-current Xxxxxx Xxx or Xxxxxxx Mac requirements. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller Servicer and its successors and and/or assigns as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is locatedQualified Insurers. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.043.03, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14Accepted Servicing Practices) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.053.04. Notwithstanding anything set forth in the preceding paragraph, the Servicer agrees to indemnify the Trustee, the Certificateholders, the Master Servicer and the Trust Fund for any claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments and any other costs, fees and expenses that any such indemnified party may sustain in any way related to the failure of the Mortgagor (or the Servicer) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Securitization Servicing Agreement (TBW 2006-2)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated either A:VI or better in the current Best's Key Rating Guide ("Best's") or acceptable to FNMA and/or FHLMC ------ against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI in Best's or acceptable to FNMA and/or FHLMC in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Company shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA or FHLMC requirements, and secure from the owner's association its agreement to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Company shall cause to be maintained on each Mortgaged Property such other or additional special hazard insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty PMI Policy insurer, or as may be required to conform with Accepted Servicing Practices. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's or acceptable FNMA and/or FHLMC and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerCompany's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Securities Corporation)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's Key Rating Guide ("Best's") against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard xxxxx hxxxrd area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Fannie Mae requirements, and secure from the owner's association its xxxxxment to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Servicer as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerServicer's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Correspondent Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or FHLMC xxx xxstomary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier in an amount acceptable to Fannie Mae or FHLMC, xx xx xxxunt representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law that a Mortgaged and pursuant to the Fannie Mae Guides thxx x Xortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company. shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to such applicable this Agreement, the Fannie Mae Guides or xxxx axxxicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

Samples: Assumption and Recognition Agreement (MASTR Asset Securitization Trust 2006-3)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Moxxxxxxd Xxoperxx xx xocated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than the lesser nox xxxx xxxn thx xxxxx of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood specxxx xxood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations rxxxxxxixxx as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under Xxxxxx Xxx and Xxxxxxx Mac guidelines against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (ia) 100% of the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (ai) the outstanding principal balance of the Mortgage Loan and (bii) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. If a Mortgage is secured by a unit in a condominium project, the Seller shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Xxx requirements, and secure from the owner’s association its agreement to notify the Seller promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Purchaser or the Seller shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Seller shall, in its discretion, communicate with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI acceptable to Xxxxxx Mae or better in Best's Xxxxxxx Mac and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the The Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.045.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's ’s normal servicing procedures as specified in Section 2.145.15) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.055.05. Notwithstanding anything set forth in the preceding paragraph, the Seller agrees to indemnify the Purchaser for any claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Mortgage (or the Seller) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan during the related Interim Servicing Period fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Morxxxxxx Xxxpertx xx xxcated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less xxxx than the lesser xxxxx of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood specixx xxxod hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Any amounts collected by the Seller shall cause under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.04. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations rexxxxxxoxx as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mae or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mxx or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fxxxxx Mxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.05.4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mxxxxxxex Xropexxx xx located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less nxx xxxs than the lesser txx xxxxt of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood spexxxx xlood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations xxxxxxtxxxs as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's Key Rating Guide ("Best's") against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard xxxxd xazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Fannie Mae requirements, and secure from the owner's association xxx xxreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Servicer as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerServicer's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Correspondent Servicing Agreement (Lehman Sarm 2005-11)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or FHLMC xxx xxstomary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier in an amount acceptable to Fannie Mae or FHLMC, xx xx xxxunt representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law that a Mortgaged and pursuant to the Fannie Mae Guides thxx x Xortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to such applicable this Agreement, the Fannie Mae Guides or xxxx axxxicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Frexxxx Xax xnd cxxxxxxxy in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Frexxxx Xac, in an amount ax xxxxxt representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that and pursuant to the Fannie Mae Guides xxxx a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to such this Agreement, the Fannie Mae Guides xx xuxx applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance Outstanding Principal Balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance Outstanding Principal Balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days’ prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homebanc Corp)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall 'notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be requited by the Seller of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Xxxxxx Mae or Xxxxxxx Mac, the Company shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller 36 Company determines in accordance with the applicable law and pursuant to the Xxxxxx Mae guide, that a the Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than meeting the amount required by requirements of the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor they must obtain such flood insurance coverage, coverage and if said the Mortgagor fails to obtain the required flood insurance provide proof of such coverage within forty forty-five (45) days after of such notificationnotice, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller If a Mortgage is secured by a unit in a condominium project, the Company shall cause verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Xxx requirements, and secure from the owner’s association its agreement to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. In the event that any Purchaser or the Company shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or by the Mortgagor pursuant to the requirements terms of any applicable primary mortgage guaranty insurerthe Mortgage, the Company shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's acceptable to Xxxxxx Mae and Xxxxxxx Mac and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Company’s normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Securitization Subservicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Company shall cause the Servicer to cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, Propxxxx xs located in an amount which is at least equal to the lesser of (iA) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiB) the greater of (ai) the outstanding principal balance of the Mortgage Loan Loan, and (bii) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or FHLMC, in an amount representing coverage not less than the lesser xxx xxast of (iA) the outstanding principal balance of the related Mortgage Loan, (B) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiC) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard flxxx xxzxxx area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall cause the Servicer to notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall cause the Servicer to immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause the Servicer to also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as regulatxxxx xs shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's Key Rating Guide ("Best's") against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard area floox xxxxrx xrea and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five thirty (4530) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Company shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Fannie Mae requirements, and secure from the owner's association its agrxxxxxx to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Company shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Purchaser or the Company shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Company shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Company shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.045.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerCompany's normal servicing procedures as specified in Section 2.145.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.055.05. Notwithstanding anything set forth in the preceding paragraph, the Company agrees to indemnify the Purchaser for any claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Mortgage (or the Company) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortgxxxx Xroperty xx xxxxted in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than lxxx xxan the lesser of lxxxx xx (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood xxxxx hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as reguxxxxxxs xx shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Servicing Agreement (GSAA Home Equity Trust 2006-14)

Maintenance of Hazard Insurance. The Seller Company shall cause the Servicer to cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mae or Fxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mae or Fxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall cause the Servicer to notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall cause the Servicer to immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Company shall cause the Servicer to also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fxxxxx Mxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Fannie Mae or Freddie Mac against loss by fire and fire, hazards of extended coveragecxxxxxxe and suxx xxxxr hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Fannie Mae or Freddie Mac, the Company shall notify the Purchaser and xxx xelated Mxxxxxxxr, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required the related Mortgaged Property is located in an area identified by the Flood Disaster Protection Act of 1973Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Fannie Mae or Freddie Mac in an amount representing coverage not less than the lesser equal to xxx xesser of (ix) xxe minimum amount required, under the outstanding principal terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during a Mortgage is secured by a unit in a condominium project, the term Company shall verify that the coverage required of the Mortgage Loanowner's association, the Seller determines including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with applicable law then current Fannie Mae requirements, and secure from the owner's association its xxxxxxent to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property is located in a special flood hazard area as security. In the event that any Purchaser or the Company shall determine that the Mortgaged Property should be insured against loss or damage by hazards and is risks not covered by flood the insurance or is covered in an amount less than the amount required to be maintained by the Flood Disaster Protection Act Mortgagor pursuant to the terms of 1973, as amendedthe Mortgage, the Seller Company shall notify the related Mortgagor that communicate and consult with the Mortgagor must obtain with respect to the need for such flood insurance coverage, and if said Mortgagor fails bring to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be maintained on each attention the desirability of protection of the Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurerProperty. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's acceptable to Fannie Mae and Freddie Mac and are licensed to do business in the jurisdiction jurxxxxxxixx in which the whxxx xxx Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerCompany's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Merrill Lynch Mortgage Investors Inc)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The To the extent the payment of the related premiums will not, in the Seller’s reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar3)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster 201359 HomeBanc 2006-2 Transfer and Servicing Agreement Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, in an is loxxxxx ix xn amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee Mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae, in an amount representing coverage not less than the lesser of least xx (ix) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard floxx xxxaxx area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulatixxx xx shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard Mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's Key Rating Guide ("Best's") against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard area xxxxxd xxea and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Fannie Mae requirements, and secure from the owner's association its agrexxxxx to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Servicer as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerServicer's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Correspondent Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value 100% of the replacement cost of all improvements securing such Mortgage Loan to the Mortgaged Property and (ii) the greater of (a) either (X) the outstanding principal balance of the Mortgage Loan with respect to each first lien Mortgage Loan or (Y) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and the outstanding principal balance of the Second Lien Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The To the extent the payment of the related premiums will not, in the Seller’s reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Non-Agency Mortgage Loan that is a First Lien Mortgage Loan, hazard insurance (with extended coverage as is customary in the area where the Mortgaged Property is located) such that all buildings upon the related Mortgaged Property are insured by a generally acceptable insurer acceptable under the Xxxxxx Xxx Guides against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the Xxxxxx Mae Guides, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the such Mortgage Loan and or (b) an amount such that the proceeds thereof shall be sufficient to prevent the related Mortgagor or the loss payee from becoming a co-insurerinsurer (or, in the case of any related REO Property, the fair market value of such REO Property). If With respect to the Non-Agency Mortgage Loans, if required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, each such Mortgage Loan is is, and shall continue to be, covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier acceptable under the Xxxxxx Xxx Guides in an amount representing coverage not less than the lesser least of (i) the outstanding aggregate unpaid principal balance of the related such Mortgage Loan and (or, in the case of a related REO Property, the fair market value of such REO Property), (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amendedamended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), or (iii) the full replacement value of the improvements which are part of such Mortgaged Property. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that a related Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said such Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the such Mortgagor's ’s behalf. Notwithstanding the foregoing, Servicer shall have no liability to Owner or any third party for any penalties or fines imposed based on Servicer’s failure to timely notify the Director of FEMA and the flood insurance provider related to a servicing transfer if Servicer is not provided with flood insurance information; provided that, the Servicer shall have promptly provided Owner with notice of such missing flood insurance information. Notwithstanding the foregoing, the Servicer shall maintain a blanket insurance policy in sufficient amounts to cover any uninsured loss due to any gap in Mortgagor-provided coverage. If a Non-Agency Mortgage Loan that is a First Lien Mortgage Loan is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the homeowners’ association, including hazard, flood, liability, and fidelity coverage, is being NY1 8630204v.6 maintained in accordance with then current Xxxxxx Xxx requirements, and secure from the homeowners’ association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the related Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property securing a Non-Agency Mortgage Loan such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that the Owner or the Servicer shall determine that the Mortgaged Property securing a Non-Agency Mortgage Loan should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall in accordance with the Xxxxxx Mae Guides make commercially reasonable efforts to communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller Servicer and its successors and assigns as a mortgagee and loss payee and shall be endorsed with non-non contributory standard or New York mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller In all such cases, the Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated currently reflect a General Policy Rating of A:VI or better in under Best's ’s Key Rating Guides, are acceptable under the Xxxxxx Xxx Guides and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the Xxxxxx Mae Guides, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Servicer’s normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.4.05. NY1 8630204v.6

Appears in 1 contract

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the FNMA Guides or the FHLMC Guide, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the related Mortgage Loan and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller Servicer shall immediately purchase the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA requirements, and secure from the owner's association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller Servicer and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard Michigan mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the FNMA Guides or the FHLMC Guide, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, possible the Seller Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerServicer's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: Servicing Agreement (D&n Capital Corp)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan during the related Interim Servicing Period fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortxxxxx Pxxxerty xx xxxated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than xxxx xhan the lesser of xxxxx xf (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood speciax xxxxd hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Any amounts collected by the Seller shall cause under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.04. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as regxxxxxxnx xs shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortxxxxx Pxxxerty xx xxxated in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than xxxx xhxx the lesser of xxxxx xf (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood speciax xxxxd hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as regxxxxxxnx xs shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fanxxx Xxe xx FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fanxxx Xxe or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fanxxx Xxe Xxides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fanxxx Xxe Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan during the related Interim Servicing Period fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mxxxxxxex Xropexxx xx located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less nxx xxxs than the lesser txx xxxxt of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood spexxxx xlood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Any amounts collected by the Seller shall cause under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.04. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations xxxxxxtxxxs as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which that is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (a1) the outstanding principal balance Unpaid Principal Balance of such Mortgage Loan including the maximum amount of Negative Amortization in accordance with the Mortgage Loan and or (b2) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee from becoming a co-insurer. If required any Mortgaged Property is in an area identified by the Flood Disaster Protection Act of 1973Federal Emergency Management Agency as having special flood hazards and such flood insurance has been made available, as amended, each Mortgage Loan is covered by then the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier carrier, in an amount representing coverage not less than the lesser of (ia) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the outstanding principal balance of the related Mortgage Loan and if replacement cost coverage is not available for the type of building insured) or (iib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during amended (assuming that the term of the Mortgage Loan, the Seller determines area in accordance with applicable law that a which such Mortgaged Property is located is participating in a special flood such program). The Servicer shall also maintain on each REO Property fire, hazard area and is not covered by flood insurance or is covered in an amount less than liability insurance, and to the amount extent required by and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance with extended coverage in an amount which is at least equal to the Seller lesser of (a) the maximum insurable value of the improvements which are a part of such property and (b) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Note Rate and related Servicing Advances. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer, or upon request to the Purchaser, and shall provide for at least 30 days prior written notice of any cancellation, reduction in the amount of, or material change in, coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided that the Servicer shall not accept any such insurance policies from insurance companies unless such companies (a) currently reflect (1) a general policyholder’s rating of B+ or better and a financial size category of III or better in Best’s Key Rating Guide, or (2) a general policyholder’s rating of “A” or “A-“ or better in Best’s Key Rating Guide, and (b) are licensed to do business in the state wherein the related Mortgaged Property is located. Notwithstanding the foregoing, the Servicer may accept a policy underwritten by Lloyd’s of London or, if it is the only coverage available, coverage under a state’s Fair Access to Insurance Requirement (FAIR) Plan. If a hazard policy becomes in danger of being terminated, or the insurer ceases to have the ratings noted above, the Servicer shall notify the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. Pursuant to Section 5.04, any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Servicer’s normal servicing procedures, shall be deposited in the Collection Account within two Business Days after receipt, subject to withdrawal in accordance with Section 5.05. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating remittances to the Purchaser, be added to the Unpaid Principal Balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance need be required by the Servicer of the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (PHH Alternative Mortgage Trust, Series 2007-1)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under Xxxxxx Xxx and Xxxxxxx Mac guidelines against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (ia) 100% of the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (ai) the outstanding principal balance of the Mortgage Loan and (bii) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Seller shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Xxx requirements, and secure from the owner's association its agreement to notify the Seller promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller shall cause to be maintained on each Mortgaged Property earthquake or such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that any Purchaser or the Seller shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Seller shall, in its discretion, communicate with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI acceptable to Xxxxxx Mae or better in Best's Xxxxxxx Mac and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the The Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.045.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.145.15) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.055.05. Notwithstanding anything set forth in the preceding paragraph, the Seller agrees to indemnify the Purchaser for any claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Mortgage (or the Seller) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Execution (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22)

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Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Xxxxxx Xxx Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac2)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best’s against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the FNMA Guide or by the FHLMC, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier rated A:VI or better in Best’s in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the related Mortgage Loan and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA requirements. The Seller Servicer shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller Servicer and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard or Ohio mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's ’s and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the FNMA Guides, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Servicer’s normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: Assumption and Recognition Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (HMB Acceptance Corp.)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mxxxxxxed Propexxx xx located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less nxx xxxs than the lesser txx xxxxt of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood spexxxx xlood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations xxxxxxtxxxs as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance Outstanding Principal Balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance Outstanding Principal Balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to 217412 HomeBanc 2007-1 Pooling and Servicing Agreement the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days’ prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homebanc Corp)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae and Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortgagex Xxxxexxx is lxxxxxx in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae and/or Freddie Mac, in an amount representing coverage not less than lxxx xxan the lesser of least xx (ix) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard floxx xxxard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as regulatixxx xx shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Custodial Agreement (SunTrust Alternative Loan Trust, Series 2005-1f)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under Xxxxxxx Mac guidelines against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which that is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, Loan the Seller Servicer determines in accordance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) 45 days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller If a Mortgage Loan is secured by a unit in a condominium project, the Servicer shall cause to verify that the coverage required of the owner’s association, including hazard, flood, liability and fidelity coverage, is being maintained in accordance with, at a minimum, the then-current Xxxxxxx Mac requirements. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller Servicer and its successors and and/or assigns as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, ; provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is locatedQualified Insurers. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.043.03, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14Accepted Servicing Practices) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.053.04. Notwithstanding anything set forth in the preceding paragraph, the Servicer agrees to indemnify the Trustee, the Certificateholders, the Master Servicer and the Trust Fund for any claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments and any other costs, fees and expenses that any such indemnified party may sustain in any way related to the failure of the Mortgagor (or the Servicer) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Securitization Servicing Agreement (TBW 2006-3)

Maintenance of Hazard Insurance. The Seller Each Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae and Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller applicable Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller applicable Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Each Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller applicable Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Applicable Requirements, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the applicable Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the applicable Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the applicable Servicer. Neither Servicer shall interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the applicable Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Xxx Guide that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Applicable Requirements, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the Servicer or the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Mae Guide or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Interim Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is customary in the area where the Mortgaged Property is located in an amount which is at least equal to the lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are insured a part of such property on a replacement cost basis or (ii) the outstanding principal balance of the Mortgage Loan plus with respect to any second lien Mortgage Loan, the outstanding principal balance of the related first lien mortgage loan, in each case in an amount not less than such amount as is necessary to prevent the Mortgagor and/or the Mortgagee from becoming a co-insurer. If the Mortgaged Property is in an area identified on a Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Flood Emergency Management Agency as having special flood hazards and such flood insurance has been made available, the Interim Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurer against loss by insurance carrier, in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the Mortgage Loan or (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended. The Interim Servicer also shall maintain on any REO Property, fire and hazards of hazard insurance with extended coverage, coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing which are a part of such Mortgage Loan property and (ii) the greater of (a) the outstanding principal balance of the related Mortgage Loan at the time it became an REO Property plus accrued interest at the Mortgage Interest Rate and (b) an amount such that related Servicing Advances, liability insurance and, to the proceeds thereof shall be sufficient to prevent extent required and available under the Mortgagor National Flood Insurance Act of 1968 or the loss payee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier in an amount representing coverage not less as provided above. Pursuant to Subsection 11.04, any amounts collected by the Interim Servicer under any such policies other than amounts to be deposited in the lesser Escrow Account and applied to the restoration or repair of (i) the outstanding Mortgaged Property or REO Property, or released to the Mortgagor in accordance with the Interim Servicer's normal servicing procedures, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Subsection 11.05. Any cost incurred by the Interim Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to the Purchaser, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so permit. It is understood and (ii) agreed that no earthquake or other additional insurance need be required by the maximum amount Interim Servicer of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term Mortgagor or maintained on property acquired in respect of the Mortgage Loan, the Seller determines in accordance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less other than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Interim Servicer, or upon request to the Purchaser, and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount of, or material change in coveragein, coverage to the Interim Servicer. The Seller Interim Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Interim Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated currently reflect a General Policy Rating of A:VI or better in Best's Key Rating Guide and are licensed to do business in the jurisdiction in which state wherein the Mortgaged Property property subject to the policy is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA and FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. In the event a hazard insurance policy shall be terminated, or in the event the insurer shall cease to be acceptable to FNMA or FHLMC, the Seller shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA and/or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; an amount as provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: And Servicing Agreement (Banc of America Funding 2006-5 Trust)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Xxxxxx Xxx or Xxxxxxx Mac, the Company shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with the applicable law and pursuant to the Xxxxxx Mae guide, that a the Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than meeting the amount required by requirements of the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor they must obtain such flood insurance coverage, coverage and if said the Mortgagor fails to obtain the required flood insurance provide proof of such coverage within forty forty-five (45) days after of such notificationnotice, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller If a Mortgage is secured by a unit in a condominium project, the Company shall cause verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Xxx requirements, and secure from the owner's association its agreement to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. In the event that any Purchaser or the Company shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or by the Mortgagor pursuant to the requirements terms of any applicable primary mortgage guaranty insurerthe Mortgage, the Company shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's acceptable to Xxxxxx Mae and Xxxxxxx Mac and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerCompany's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-21xs)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Xxx or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.05. It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 19731973 or the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 19731973 or the National Flood Insurance Act of 1968, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 19731973 or the National Flood Insurance Act of 1968, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973 or the National Flood Insurance Act of 1968, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Merrill Lynch Alternative Note Asset Trust, Series 2007-F1

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary or required by law in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Xxxxxx Mae or Xxxxxxx Mac, the Company shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required the related Mortgaged Property is located in an area identified by the Flood Disaster Protection Act of 1973Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by the Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser least of (i) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended, and (iii) the outstanding balance of the Mortgage Loan. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the FEMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must to obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Any out-of-pocket expenses or advance made by the Company on such force placed flood insurance coverage shall cause be deemed a Servicing Advance. If a Mortgage is secured by a unit in a condominium project, the Company shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Xxx or Xxxxxxx Mac requirements, and secure from the owner's association its agreement to be maintained notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on each the value of the Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurersecurity. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his an insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI acceptable to Xxxxxx Mae or better in Best's Xxxxxxx Mac and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerCompany's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Banc of America Funding 2006-D Trust)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Servicing Agreement (E Loan Inc)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under Xxxxxx Xxx or Xxxxxxx Mac guidelines against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified in the Federal Register by the Flood Disaster Protection Act of 1973Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which that is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, Loan the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) 45 days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller If a Mortgage Loan is secured by a unit in a condominium project, the Servicer shall cause to verify that the coverage required of the owner’s association, including hazard, flood, liability and fidelity coverage, is being maintained in accordance with, at a minimum, the then-current Xxxxxx Xxx or Xxxxxxx Mac requirements. It is understood and agreed that no other additional insurance need be required by the Servicer or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller Servicer and its successors and and/or assigns as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is locatedQualified Insurers. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.043.03, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14Accepted Servicing Practices) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.053.04. Notwithstanding anything set forth in the preceding paragraph, the Servicer agrees to indemnify the Trustee, the Certificateholders, the Master Servicer and the Trust Fund for any claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments and any other costs, fees and expenses that any such indemnified party may sustain in any way related to the failure of the Mortgagor (or the Servicer) to maintain hazard insurance or flood insurance with respect to the related Mortgaged Property which complies with the requirements of this section.

Appears in 1 contract

Samples: Securitization Servicing Agreement (TBW 2006-1)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are customary or required by law in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (ia) 100% of the maximum insurable value of the improvements securing such Mortgage Loan and (iib) the greater of (ai) the outstanding principal balance of the Mortgage Loan and (bii) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Xxxxxx Mae or Xxxxxxx Mac, the Company shall notify the Purchaser and the related Mortgagor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.12 hereof. If required the related Mortgaged Property is located in an area identified by the Flood Disaster Protection Act of 1973Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by the Company will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac in an amount representing coverage not less than equal to the lesser of (ia) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (iib) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the FEMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must to obtain such flood insurance coverage, and if said the Mortgagor fails to obtain the required flood insurance coverage within forty five (45) 45 days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Any out-of-pocket expenses or advance made by the Company on such force placed flood insurance coverage shall cause be deemed a Servicing Advance. If a Mortgage is secured by a unit in a condominium project, the Company shall verify that the coverage required of the owner’s association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Mae or Xxxxxxx Mac requirements, and secure from the owner’s association its agreement to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. In the event that the Purchaser or the Company shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or by the Mortgagor pursuant to the requirements terms of any applicable primary mortgage guaranty insurerthe Mortgage, the Company shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his an insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI acceptable to Xxxxxx Xxx or better in Best's Xxxxxxx Mac and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Company shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.4, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Company’s normal servicing procedures as specified in Section 2.144.15) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.6.

Appears in 1 contract

Samples: Sale and Servicing Agreement (FBR Securitization, Inc.)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mxx or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mae or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fxxxxx Mxx Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fxxxxx Mae Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause to be maintained also maintain on each Mortgaged Property such other or additional REO Property, fire and hazard insurance as may be required pursuant to such applicable laws and regulations as shall with extended coverage in an amount which is at any time be in force and as shall require such additional insurance, or pursuant least equal to the requirements maximum insurable value of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses improvements which shall provide for at least thirty (30) days' prior written notice are a part of any cancellationsuch property, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agentand, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblerequired and available under the Flood Disaster Protection Act of 1973, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such as amended, flood insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not providedan amount as provided above. Pursuant to Section 2.04, any Any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property or REO Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, Mortgagor in accordance with the Seller's normal servicing procedures as specified in Section 2.14) Accepted Servicing Practices, shall be deposited in the Custodial Account Account, subject to withdrawal pursuant to Section 2.054.02(e). It is understood and agreed that no other additional insurance need be required by the 145322 HomeBanc 2005-2 Transfer and Servicing Agreement 57 Servicer of the Mortgagor or maintained on property acquired in respect of the Mortgage Loan, other than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days prior written notice of any cancellation, reduction in the amount or material change in coverage to the Servicer. The Servicer shall not interfere with the Mortgagor’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Servicer shall not accept any such insurance policies from insurance companies unless such companies are Qualified Insurers.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer rated A:VI or better in the current Best's against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the FNMA Guides or the FHLMC Guide, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-co- insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the related Mortgage Loan and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller Servicer shall immediately purchase the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA requirements, and secure from the owner's association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller Servicer and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard Michigan mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the FNMA Guides or the FHLMC Guide, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, possible the Seller Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerServicer's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: Servicing Agreement (Flagstar Capital Corp)

Maintenance of Hazard Insurance. (a) The Seller Servicer shall cause to be maintained maintained, with a Qualified Insurer for each Mortgage LoanLoan serviced by it, fire and hazard insurance such that all buildings upon with extended coverage customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire is located pursuant to insurance policies conforming to the requirements of Fannie Mae and hazards of extended coverageFreddie Mac, in an amount which amxxxx xhich is at least ax xxxxx equal to the lesser of (ia) the maximum full insurable value of the improvements securing such Mortgaged Property or (b) the greater of (i) the outstanding principal balance owing on the Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof of such insurance shall be sufficient to prevent avoid the application to the Mortgagor or the loss payee from becoming a co-insurerof any coinsurance clause under the policy. If required the Mortgaged Property is in an area then identified on a flood hazard boundary map or flood insurance rate map issued by the Flood Disaster Protection Act of 1973Federal Emergency Management Agency as having special flood hazards (and such flood insurance is available), as amended, each Mortgage Loan is covered by the Servicer will cause to be maintained a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier acceptable to Fannie Mae or Freddie Mac. Such floox xxxxrance shxxx xx in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the full insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance The Servicer shall also maintain on each REO Property with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance an insurer acceptable to Fannie Mae or is covered Freddie Mac (x) fire axx xxxard insuxxxxx xith extended coverage in an amount less than that is at least equal to the amount maximum insurable value of the improvements securing the Mortgage Loan that are a part of such property, (y) liability insurance and (z) to the extent required by and available under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, each as amended, or other applicable federal law, flood insurance in an amount as provided above. Any costs incurred by the Seller Servicer maintaining insurance under this Section 3.10 shall notify be recoverable as Servicing Advances. Any amounts collected by the Servicer under any such policies shall be paid over or applied by the Servicer in accordance with Acceptable Servicing Procedures for the restoration or repair of the Mortgaged Property subject to the related Mortgagor that Mortgage, for release to the Mortgagor must obtain in accordance with Acceptable Servicing Procedures, or for application in reduction of the Mortgage Loan. Any such flood amounts shall be deposited in the Custodial Account and subject to withdrawal pursuant to Section 3.5. It is understood and agreed that no earthquake or other additional insurance coverage, and if said Mortgagor fails to obtain the is required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. The Seller shall cause to be maintained on each by the Servicer hereunder in connection with any Mortgage Loan or Mortgaged Property such Property, other or additional insurance as may be required than pursuant to such applicable laws and regulations as shall that are at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer, and shall provide for at least thirty (30) days' 30 days prior written notice to the Servicer of any cancellation, reduction in amount amount, or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, agent upon any policy renewal; provided, however, that upon any such policy renewal, the Seller Servicer shall not accept any such insurance policies from insurance companies policies, unless such companies the insurers are rated A:VI acceptable to Fannie Mae or better in Best's Freddie Mac and are licensed lixxxxxx to do business bxxxxxxx in the jurisdiction in which the Mortgaged Property is located. The Seller In the event a hazard insurance policy shall determine that such policies provide sufficient risk coverage be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Fannie Mae and amountsFreddie Mac, that they insure the property ownerServxxxx xhall notixx xxx Owner and the related Mortgagor, and that they properly describe the property address. To the extent reasonably possibleshall use its best efforts, the Seller shall furnish as permitted by applicable law, to obtain from another Qualified Insurer a replacement hazard insurance policy substantially and materially similar in all respects to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; providedoriginal policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time. If a Mortgage is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current requirements of Fannie Mae, Freddie Mac, and secure xxxx xhe ownxx'x xxsociation its agreement to notify the Servicer promptly of any change in the event insurance coverage or of any condemnation or casualty loss that no such notice is furnished by may have a material effect on the Sellervalue of the Mortgaged Property as security. Notwithstanding anything set forth in the preceding paragraphs, the Seller shall ensure Servicer agrees to indemnify the Owner for any Losses and related costs, judgments, and any other costs, fees and expenses that replacement insurance policies are the Owner may sustain in place in the required coverages and the Seller shall be solely liable any way related to the Purchaser only for any losses in failure of the event such coverage is not provided. Pursuant Mortgagor (or the Servicer) to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts maintain hazard insurance or flood insurance with respect to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance Property which complies with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05requirements of this section.

Appears in 1 contract

Samples: Servicing Agreement (GSAA Home Equity Trust 2005-4)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each First Lien Mortgage Loan, hazard insurance (with extended coverage as is customary in the area where the Mortgaged Property is located) such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer acceptable under the Xxxxxx Xxx Guides against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the Xxxxxx Mae Guides, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and or (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-co- insurer. If required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, each Mortgage Loan is is, and shall continue to be, covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier acceptable under the Xxxxxx Xxx Guides in an amount representing coverage not less than the lesser of (i) the outstanding aggregate unpaid principal balance of the related Mortgage Loan and Loan, (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amendedamended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), or (iii) the full replacement value of the improvements which are part of such Mortgaged Property. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. Notwithstanding the foregoing, Servicer shall have no liability to Owner or any third party for any penalties or fines imposed based on Servicer’s failure to timely notify the Director of FEMA and the flood insurance provider related to a servicing transfer if Servicer is not provided with flood insurance information; provided that, the Servicer shall have promptly provided Owner with notice of such missing flood insurance information. Notwithstanding the foregoing, the Servicer shall maintain a blanket insurance policy in sufficient amounts to cover any uninsured loss due to any gap in Mortgagor provided coverage. If a First Lien Mortgage Loan is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the homeowners’ association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Mae requirements, and secure from the homeowners’ association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that the Owner or the Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall in accordance with the Xxxxxx Xxx Guides make commercially reasonable efforts to communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller Servicer and its successors and assigns as a mortgagee and loss payee and shall be endorsed with non-non contributory standard or New York mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated currently reflect a General Policy Rating of A:VI or better in under Best's ’s Key Rating Guides, are acceptable under the Xxxxxx Mae Guides and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the Xxxxxx Xxx Guides, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Servicer’s normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: Flow Servicing Agreement (Pennymac Financial Services, Inc.)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Applicable Requirements, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fanxxx Xxe xx FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fanxxx Xxe xx FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fanxxx Xxe Xxides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fanxxx Xxe Xxides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Xxx and Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae and/or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in Qualified Insurers. [If the jurisdiction in which the Mortgaged Property related Mortgage is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possiblesecured by a condominium, the Seller shall furnish to will verify that the Mortgagor a formal notice of expiration of any such insurance in sufficient time for coverage meets the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair requirements of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05condominium association.]

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer[s] shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller [related] Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller [related] Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller [related] Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer[s] shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer[s] under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer[s] of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the [related] Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer[s] shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer[s] shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is locatedQualified Insurers. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.66

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBALT Corp.)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortgaxxx Xxoxxxty ix xxxxxed in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan, (plus, if the Mortgage Loan is an Option ARM Mortgage Loan which provides for Negative Amortization, the maximum amount of Negative Amortization in accordance with the Mortgage), and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than lexx xxxn the lesser of lexxx xx (i) the outstanding principal balance of the related Mortgage Loan and (plus, if the Mortgage Loan is an Option ARM Mortgage Loan which provides for Negative Amortization, the maximum amount of Negative Amortization in accordance with the Mortgage), (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood xxxxx hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as regulxxxxxx xx shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Luminent Mortgage Trust 2006-6)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, in Prxxxxxx xx locaxxx xx an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than the lesser thax xxx least of (ix) the xxe outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard xxxxxx area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as shall xx xxaxx at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-4)

Maintenance of Hazard Insurance. The Seller Servicer[s] shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Xxxxxx Mae or Xxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Xxxxxx Mae or Xxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller [the/a] Servicer determines in accordance with applicable law and pursuant to the Xxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller [related] Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller [related] Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer[s] shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by [the/a] Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.02(e). It is understood and agreed that no other additional insurance need be required by the Servicer[s] of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Xxxxxx Xxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the [related] Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the [related] Servicer. The Seller Servicer[s] shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer[s] shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (TBALT Corp.)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or Freddie Mac and customary in the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, area where the Mortgxxxx Xrxxxrty xx xxxxted in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or Freddie Mac, in an amount representing coverage not less than lxxx xxan the lesser of lxxxx xx (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood xxxxx hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The To the extent the payment of the related premiums will not, in the Seller's reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as reguxxxxxxs xx shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

Maintenance of Hazard Insurance. The Seller Interim Servicer shall cause to be maintained for each Mortgage First Lien Loan, hazard insurance such that all buildings upon the Mortgaged Property are insured by an insurer having a generally acceptable insurer general policy rating of "B" or better in the current Best's Key Rating Guide ("Best's"), or such other rating that is comparable to such rating, against loss by fire and fire, hazards of extended coverage, coverage and such other hazards as are customary in an amount which the area where the Mortgaged Property is at least equal located that conforms to the lesser requirements of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor Fannie Mae or the loss payee from becoming a co-insurerFreddie Mac. If required by the Flood Disaster Protection Act of 1973National Floxx Xxxuxxxce Axx xx 0968, as amended, each Mortgage First Lien Loan is is, and shall continue to be, covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect with an insurer having a generally acceptable insurance carrier general policy rating of "B" or better in Best's, or such other rating that is comparable to such rating, in an amount representing coverage not less than the lesser of (i) the outstanding aggregate unpaid principal balance of the related Mortgage First Lien Loan and of any mortgage loan senior to such First Lien Loan, (ii) the maximum amount of insurance which is available under the National Flood Disaster Protection Insurance Act of 19731968, as amendedamended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the improvements which are part of such Mortgaged Property. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the National Flood Disaster Protection Insurance Act of 19731968, as amended, the Seller Interim Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five sixty (4560) days after such notification, the Seller Interim Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Interim Servicer shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with the related Underwriting Guidelines and Accepted Servicing Practices, and secure from the owner's association its agreement to notify the Interim Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. The Seller Interim Servicer shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that the Purchaser or the Interim Servicer shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Interim Servicer shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller Interim Servicer and its successors and assigns as a mortgagee and loss payee and shall be endorsed with non-non contributory standard or New York mortgagee clauses which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Interim Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Interim Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Interim Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required according to the related Underwriting Guidelines and Accepted Servicing Practices, that they insure the property owner, owner and that they properly describe the property address. To the extent reasonably possible, the Seller The Interim Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerInterim Servicer, the Seller Interim Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Interim Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller Interim Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage First Lien Loan, or to be released to the Mortgagor, in accordance with the SellerInterim Servicer's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05. With respect to each Second Lien Loan, the Interim Servicer shall obtain and maintain the blanket hazard insurance policy described in Section 2.11.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fannie Mae or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, Propxxxx xs located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fannie Mae or FHLMC, in an amount representing coverage not less than the lesser xxx xxaxx of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with applicable law and pursuant to the Fannie Mae Guides that a Mortgaged Property is located in a special flood hazard flxxx xxzard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Company shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Company under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Company of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fannie Mae Guides or such applicable state or federal laws and regulations as shall regulatxxxx xs xxall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Company and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Company. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mxx or Fxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mae or Fxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The To the extent the payment of the related premiums will not, in the Seller’s reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fxxxxx Mxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to Fxxxxx Mae or Fxxxxxx Mac and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to Fxxxxx Mae or Fxxxxxx Mac, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the Fxxxxx Mae Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said the related Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller shall immediately purchase force place the required flood insurance on the Mortgagor's ’s behalf. The To the extent the payment of the related premiums will not, in the Seller’s reasonable determination, constitute non-recoverable Servicing Advances, the Seller shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Seller under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Seller or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the Fxxxxx Mxx Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name be endorsed with standard mortgagee clauses with loss payable to the Seller and its successors and/or assigns and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Seller. The Seller shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Prime Mortgage Trust 2007-1)

Maintenance of Hazard Insurance. The Seller Company shall cause to be maintained for each Mortgage Loan, Loan hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Fannie Mae or Freddie Mac against loss by fire and fire, hazards of extended coveragexxxxxaxx and xxxx xxher hazards as are customary in the area where the Mortgaged Property is located, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. In the event a hazard insurance policy shall be in danger of being terminated, or in the event the insurer shall cease to be acceptable to Fannie Mae or Freddie Mac, the Company shall notify the Purchaser axx xxx related Xxxxxxgor, and shall use its best efforts, as permitted by applicable law, to obtain from another qualified insurer a replacement hazard insurance policy substantially and materially similar in all respects to the original policy. In no event, however, shall a Mortgage Loan be without a hazard insurance policy at any time, subject only to Section 4.11 hereof. If required upon origination of the Mortgage Loan, the related Mortgaged Property was located in an area identified by the Flood Disaster Protection Act of 1973, Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration is in effect with a generally acceptable insurance carrier acceptable to Fannie Mae or Freddie Mac in an amount representing coverage not less than the equal xx xxx lesser of xx (ix) the outstanding principal minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the related Mortgage Loan mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Company determines in accordance with the applicable law and pursuant to the Fannie Mae Guide, that a the Mortgaged Property is located in a special flood specixx xxxod hazard area and is not covered by flood insurance or is covered in an amount less than meeting the amount required by requirements of the Flood Disaster Protection Act of 1973, as amended, the Seller Company shall notify the related Mortgagor that the Mortgagor they must obtain such flood insurance coverage, coverage and if said the Mortgagor fails to obtain the required flood insurance provide proof of such coverage within forty forty-five (45) days after of such notificationnotice, the Seller Company shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller If a Mortgage is secured by a unit in a condominium project, the Company shall cause verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Fannie Mae requirements, and secure from the owner's association itx xxxxexxxt to notify the Company promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the Mortgaged Property as security. In the event that any Purchaser or the Company shall determine that the Mortgaged Property should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or by the Mortgagor pursuant to the requirements terms of any applicable primary mortgage guaranty insurerthe Mortgage, the Company shall communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor's attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller and its successors and assigns Company as mortgagee loss payee and shall be endorsed with non-contributory standard or union mortgagee clauses clauses, without contribution, which shall provide for at least thirty (30) days' 30 days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller Company shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Company shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's acceptable to Fannie Mae and Freddie Mac and are licensed to do business in the jurisdiction jxxxxxxction in which the xxxxx xhe Mortgaged Property is located. The Seller Company shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Company under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the SellerCompany's normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Lehman (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-18a)

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Mortgage Loan, Loan fire and hazard insurance such that all buildings upon with extended coverage as is acceptable to FNMA or FHLMC and customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and hazards of extended coverage, is located in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and or (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan Loan, and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or and/or the loss payee mortgagee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is shall be covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable an insurance carrier acceptable to FNMA or FHLMC, in an amount representing coverage not less than the lesser least of (i) the outstanding principal balance of the related Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan and or (iiiii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller Servicer determines in accordance with applicable law and pursuant to the FNMA Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller Servicer shall immediately purchase force place the required flood insurance on the Mortgagor's behalf. The Seller Servicer shall cause also maintain on each REO Property, fire and hazard insurance with extended coverage in an amount which is at least equal to the maximum insurable value of the improvements which are a part of such property, and, to the extent required and available under the Flood Disaster Protection Act of 1973, as amended, flood insurance in an amount as provided above. Any amounts collected by the Servicer under any such policies other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or REO Property, or released to the Mortgagor in accordance with Accepted Servicing Practices, shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05. It is understood and agreed that no other additional insurance need be required by the Servicer of the Mortgagor or maintained on each Mortgaged Property such property acquired in respect of the Mortgage Loan, other or additional insurance as may be required than pursuant to this Agreement, the FNMA Guides or such applicable state or federal laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All such policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which with loss payable to the Servicer and its successors and/or assigns and shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in the amount or material change in coveragecoverage to the Servicer. The Seller Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05Qualified Insurers.

Appears in 1 contract

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

Maintenance of Hazard Insurance. The Seller Servicer shall cause to be maintained for each Non-Agency Mortgage Loan that is a First Lien Mortgage Loan, hazard insurance (with extended coverage as is customary in the area where the Mortgaged Property is located) such that all buildings upon the related Mortgaged Property are insured by a generally acceptable insurer acceptable under the Xxxxxx Xxx Guides against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the Xxxxxx Mae Guides, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the such Mortgage Loan and or (b) an amount such that the proceeds thereof shall be sufficient to prevent the related Mortgagor or the loss payee from becoming a co-insurerinsurer (or, in the case of any related REO Property, the fair market value of such REO Property). If With respect to the Non-Agency Mortgage Loans, if required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, each such Mortgage Loan is is, and shall continue to be, covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier acceptable under the Xxxxxx Xxx Guides in an amount representing coverage not less than the lesser least of (i) the outstanding aggregate unpaid principal balance of the related such Mortgage Loan and (or, in the case of a related REO Property, the fair market value of such REO Property), (ii) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amendedamended (regardless of whether the area in which such Mortgaged Property is located is participating in such program), or (iii) the full replacement value of the improvements which are part of such Mortgaged Property. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law that a related Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the National Flood Insurance Act of 1968 or Flood Disaster Protection Prevention Act of 1973, as amended, the Seller Servicer shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said such Mortgagor fails to obtain the required flood insurance coverage within forty forty-five (45) days after such notification, the Seller ​ Servicer shall immediately purchase force place the required flood insurance on the such Mortgagor's ’s behalf. Notwithstanding the foregoing, Servicer shall have no liability to Owner or any third party for any penalties or fines imposed based on Servicer’s failure to timely notify the Director of FEMA and the flood insurance provider related to a servicing transfer if Servicer is not provided with flood insurance information; provided that, the Servicer shall have promptly provided Owner with notice of such missing flood insurance information. Notwithstanding the foregoing, the Servicer shall maintain a blanket insurance policy in sufficient amounts to cover any uninsured loss due to any gap in Mortgagor-provided coverage. If a Non-Agency Mortgage Loan that is a First Lien Mortgage Loan is secured by a unit in a condominium project, the Servicer shall verify that the coverage required of the homeowners’ association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current Xxxxxx Mae requirements, and secure from the homeowners’ association its agreement to notify the Servicer promptly of any change in the insurance coverage or of any condemnation or casualty loss that may have a material effect on the value of the related Mortgaged Property as security. The Seller Servicer shall cause to be maintained on each Mortgaged Property securing a Non-Agency Mortgage Loan such other or additional insurance as may be required pursuant to such applicable laws Applicable Laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary private mortgage guaranty insurer, or as may be required to conform with Accepted Servicing Practices. In the event that the Owner or the Servicer shall determine that the Mortgaged Property securing a Non-Agency Mortgage Loan should be insured against loss or damage by hazards and risks not covered by the insurance required to be maintained by the Mortgagor pursuant to the terms of the Mortgage, the Servicer shall in accordance with the Xxxxxx Xxx Guides make commercially reasonable efforts to communicate and consult with the Mortgagor with respect to the need for such insurance and bring to the Mortgagor’s attention the desirability of protection of the Mortgaged Property. All policies required hereunder shall name the Seller Servicer and its successors and assigns as a mortgagee and loss payee and shall be endorsed with non-non contributory standard or New York mortgagee clauses which shall provide for at least thirty (30) days' days prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller In all such cases, the Servicer shall not interfere with the Mortgagor's ’s freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller Servicer shall not accept any such insurance policies from insurance companies unless such companies are rated currently reflect a General Policy Rating of A:VI or better in under Best's ’s Key Rating Guides, are acceptable under the Xxxxxx Mae Guides and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller Servicer shall determine that such policies provide sufficient risk coverage and amountsamounts as required pursuant to the Xxxxxx Xxx Guides, that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller The Servicer shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the SellerServicer, the Seller Servicer shall ensure that replacement insurance policies are in place in the required coverages and the Seller Servicer shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.044.04, any amounts collected by the Seller Servicer under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's Servicer’s normal servicing procedures as specified in Section 2.144.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.054.05.

Appears in 1 contract

Samples: Flow Servicing Agreement (PennyMac Financial Services, Inc.)

Maintenance of Hazard Insurance. The Seller shall cause to be maintained for each Mortgage Loan, hazard insurance such that all buildings upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire and fire, hazards of extended coveragecoverage and such other hazards as are required to be insured pursuant to the FNMA Guides or the FHLMC Guide, in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect with a generally acceptable insurance carrier in an amount representing coverage not less than the lesser of (i) the outstanding principal balance of the related Mortgage Loan and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. If at any time during the term of the Mortgage Loan, the Seller determines in accordance with applicable law and pursuant to the FNMA and FHLMC Guides that a Mortgaged Property is located in a special flood hazard area and is not covered by flood insurance or is covered in an amount less than the amount required by the Flood Disaster Protection Act of 1973, as amended, the Seller shall notify the related Mortgagor that the Mortgagor must obtain such flood insurance coverage, and if said Mortgagor fails to obtain the required flood insurance coverage within forty five (45) days after such notification, the Seller shall immediately purchase the required flood insurance on the Mortgagor's behalf. If a Mortgage is secured by a unit in a condominium project, the Seller shall verify that the coverage required of the owner's association, including hazard, flood, liability, and fidelity coverage, is being maintained in accordance with then current FNMA and FHLMC requirements. The Seller shall cause to be maintained on each Mortgaged Property such other or additional insurance as may be required pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance, or pursuant to the requirements of any applicable primary mortgage guaranty insurer. All policies required hereunder shall name the Seller and its successors and assigns as mortgagee and shall be endorsed with non-contributory standard mortgagee clauses which shall provide for at least thirty (30) days' prior written notice of any cancellation, reduction in amount or material change in coverage. The Seller shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent, provided, however, that the Seller shall not accept any such insurance policies from insurance companies unless such companies are rated A:VI or better in Best's and are licensed to do business in the jurisdiction in which the Mortgaged Property is located. The Seller shall determine that such policies provide sufficient risk coverage and amounts, amounts that they insure the property owner, and that they properly describe the property address. To the extent reasonably possible, the Seller shall furnish to the Mortgagor a formal notice of expiration of any such insurance in sufficient time for the Mortgagor to arrange for renewal coverage by the expiration date; provided, however, that in the event that no such notice is furnished by the Seller, the Seller shall ensure that replacement insurance policies are in place in the required coverages and the Seller shall be solely liable to the Purchaser only for any losses in the event such coverage is not provided. Pursuant to Section 2.04, any amounts collected by the Seller under any such policies (other than amounts to be deposited in the Escrow Account and applied to the restoration or repair of the related Mortgaged Property, or property acquired in liquidation of the Mortgage Loan, or to be released to the Mortgagor, in accordance with the Seller's normal servicing procedures as specified in Section 2.14) shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 2.05.

Appears in 1 contract

Samples: Residential Servicing Agreement (Peoples Preferred Capital Corp)

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