Common use of Title Insurance Clause in Contracts

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 6 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

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Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 6 contracts

Samples: Master Repurchase Agreement (DITECH HOLDING Corp), Master Repurchase Agreement (Impac Mortgage Holdings Inc), Master Repurchase Agreement (Walter Investment Management Corp)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in under the applicable jurisdiction Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable in under the industry Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 5 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Title Insurance. The Mortgage Loan is covered (a) ALTA mortgagee title insurance policies or unconditional commitments therefor (the "CLOSING DATE MORTGAGE POLICIES") issued by either (i) an attorney’s opinion the Title Company with respect to the Closing Date Mortgaged Properties listed in Part A of Schedule 4.1N annexed hereto, in amounts not less than the respective amounts designated therein with respect to any particular Closing Date Mortgaged Properties, insuring fee simple title and abstract of titleto, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the or a valid leasehold interest in, each such Closing Date Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac vested in such Borrower and approved for use in assuring Collateral Agent that the applicable jurisdiction Closing Date Mortgages create valid and each such title insurance policy is issued by a title insurer acceptable in enforceable First Priority mortgage Liens on the industry and qualified to do business in the jurisdiction where the respective Closing Date Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien of the Mortgage in the original principal amount of the Mortgage LoanProperties encumbered thereby, subject only to the exceptions contained in clauses a standard survey exception, which Closing Date Mortgage Policies (1)) shall include an endorsement for mechanics' liens, for future advances under this Agreement and for any other matters reasonably requested by Collateral Agent and (2)) shall provide for affirmative insurance and such reinsurance as Collateral Agent may reasonably request, all of the foregoing in form and substance reasonably satisfactory to Collateral Agent; and (3b) below evidence satisfactory to Collateral Agent that such Borrower has (i) delivered to the Title Company all certificates and affidavits required by the Title Company in connection with the issuance of paragraph the Closing Date Mortgage Policies and (lii) paid to the Title Company or to the appropriate governmental authorities all expenses and premiums of this Part I the Title Company in connection with the issuance of Schedule 1, the Closing Date Mortgage Policies and all recording and stamp taxes (including mortgage recording and intangible taxes) payable in connection with recording the Closing Date Mortgages in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.appropriate real estate records;

Appears in 4 contracts

Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Danielson Holding Corp), Credit Agreement (Covanta Energy Corp)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other equivalent form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), i) and (3ii) below of paragraph clause (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 4 contracts

Samples: Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Assignment and Conveyance Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Assignment and Conveyance Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer issuex xx x xxxle ixxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring SellerAames, its successors and assigns, as to the first (with respect to a First Lien Mortgage Loan) or second (with respect to a Second Lien Mortgage Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1V, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerAames, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerAames, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.Aames;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)

Title Insurance. The Mortgage Other than with respect to a Cooperative Loan, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy, or with respect to any Loan for which the related Mortgaged Property is located in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Agency, FHA, VA, RHS or HUD and each such title insurance policy is issued by a title insurer acceptable in to the industry applicable Agency, FHA, VA, RHS or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 4 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

Title Insurance. The Purchased Mortgage Loan is covered by either (i) an irrevocable title commitment, or an attorney’s opinion of title and abstract of title, the each of which must be in form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Loan Program Authority and each such title insurance policy is issued by a title insurer acceptable in to the industry applicable Loan Program Authority and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Purchased Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 4 contracts

Samples: Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA or CLTA lender’s opinion of title and abstract of titleinsurance policy, the form and substance of which is acceptable to prudent mortgage lending institutions lenders making non-prime mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is loans, issued by a title insurer acceptable in the industry to prudent mortgage lenders making non-prime mortgage loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (h)(i), (h)(ii) and (h)(iii) and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule), in (h)(iv)) the Seller, its successors and assigns, assigns as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only with respect to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate ARM Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage interest rate and monthly paymentMortgage Interest Rate or Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions Seller (other than or the standard exclusionsoriginator of the applicable Mortgage Loan) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2006-Wmc4), Pooling and Servicing Agreement (Jpmac 2006-Wmc1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), ii) and (3iii) below of paragraph (lm) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other PersonPerson or entity, and no such unlawful items have been received, retained or realized by Seller.

Appears in 4 contracts

Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Caliber Home Loans, Inc.)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in under the applicable jurisdiction Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable in under the industry Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Title Insurance. The Mortgage Loan is covered by either (ia) an attorney’s 's opinion of title and abstract of title, title the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located FannieMae, or (iib) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title of insurance policy is issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe related Originator, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the First Mortgage, and as to the second priority lien of the Mortgage Loanin the original principal amount of the Second Mortgage, subject only to the exceptions contained in clauses (1), (2)Permitted Exceptions, and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage Coupon Rate and Scheduled Payment. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Property or any interest rate and monthly paymenttherein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest thereinpolicy. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Sellerrelated Originator, its successors and assigns, are the sole insureds (except in the case of a joint protection policy, in which case the related Originator's interest is insured) of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation sale of the transactions contemplated by this AgreementMortgage Loan to the Trust. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, done anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1), Pooling and Servicing Agreement (Amresco Residential Securities Corp), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of titleALTA, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located CLTA or (ii) an American Land Title Association TLTA lender’s title insurance policy or comparable policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Agency or as mandated by applicable state law, if any, issued by a title insurer acceptable in to the industry applicable Agency or qualified as required under applicable state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to assigns the first priority Lien of the lien of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of if such Mortgage Loan is an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage Mortgage interest rate and or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which that would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 3 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an irrevocable title commitment, or an attorney’s opinion of title and abstract of title, the each of which must be in form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Loan Program Authority and each such title insurance policy is issued by a title insurer acceptable in to the industry applicable Loan Program Authority and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (li) of this Part I of Schedule 1-A, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 3 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)

Title Insurance. The Underlying Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerNominee, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Underlying Mortgage Loan, with respect to an Underlying Mortgage Loan (or to the extent a Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2), ii) and (3iii) below of paragraph (lh) of this Part I of Schedule 1-B, and in the case of adjustable rate Underlying Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe applicable originator, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of or may invalidate any such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer issuex xx x xxxle ixxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First-Lien Loan) or second (with respect to a Second-Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1A), (2), B) and (3C) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2)

Title Insurance. The Mortgage Loan Mortgaged Property is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx Mac and approved for use in the applicable jurisdiction FHLMC and each such title insurance policy is issued by a title insurer acceptable in the industry to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Selleryou, its your successors and assigns, (A) with respect to First Lien Mortgage Loans, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only Loan (or to the exceptions contained extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in clauses (1accordance with the Mortgage), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment, and (B) with respect to Second Lien Mortgage Loans, naming you as loss payee under such policy. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its You and your successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan and Security Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Selleryourself included, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items you have been not received, retained or realized by Sellerany such unlawful items.

Appears in 2 contracts

Samples: Loan and Security Agreement (Firstplus Financial Group Inc), Loan and Security Agreement (Firstplus Financial Group Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of titleALTA, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located CLTA or (ii) an American Land Title Association TLTA lender’s title insurance policy or comparable policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Agency or as mandated by applicable state law, if any, issued by a title insurer acceptable in to the industry applicable Agency or qualified as required under applicable state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, assigns as to the first priority Lien of the lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses clause (1)b) above, (2)and, and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of if such Mortgage Loan is an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage Mortgage interest rate and or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which that would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 2 contracts

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

Title Insurance. The Meritage Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Meritage Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in Iowa, an attorney's opinion or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer issuex xx x xxxle ixxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Meritage Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Meritage Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below and (4) of paragraph (lj) of this Part I of Schedule 1Exhibit III, and in the case of adjustable rate the Meritage Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)

Title Insurance. The Weichert Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Weichert Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title issuex xx x xxxle insurer acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxexx the Mortgaged Property is located, insuring SellerWeichert, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Weichert Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), ii) and (3iii) below of paragraph (lk) of this Part I of Schedule 1Subsection 15.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception exceptions or to replace the standard survey exception with a specific survey reading. SellerWeichert, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerWeichert, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other PersonPerson or entity, and no such unlawful items have been received, retained or realized by Seller.Weichert;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Representations and Warranties Agreement (GSAMP Trust 2006-He5)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines or to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Mac, as applicable, and each such title insurance policy is issued by a title insurer acceptable in under the industry Underwriting Guidelines or under Xxxxxx Mae or Xxxxxxx Mac guidelines, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), i) and (3ii) below of paragraph clause (lj) of this Part I of Schedule 1Subsection 7.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Title Insurance. The Except with respect to each Cooperative Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located ALTA or (ii) an American Land Title Association CLTA lender’s title insurance policy or comparable policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use prudent lenders in the applicable jurisdiction and each such title insurance policy is secondary mortgage market, issued by a title insurer acceptable to prudent lenders in the industry secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring (subject to the exceptions contained in (h)(i), (h)(ii) and (h)(iii) and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule), in (h)(iv)) the Seller, its successors and assigns, assigns as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only with respect to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate ARM Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage interest rate and monthly paymentMortgage Interest Rate or Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning Seller and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Assignment and Assumption and Recognition Agreement (Jpmac 2006-Fre2)

Title Insurance. The As of the WMC Servicing Transfer Date, with respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction pursuant to WMC's Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the industry secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerWMC, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2), ii) and (3iii) below of paragraph (lj) of this Part I of Schedule 1Section 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where As of the WMC Servicing Transfer Date, where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerWMC, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and as of the WMC Servicing Transfer Date, such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No As of the WMC Servicing Transfer Date, no claims have been made under such lender’s 's title insurance policy, and as of the WMC Servicing Transfer Date, no prior holder or servicer of the related Mortgage, including SellerWMC, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.WMC;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)

Title Insurance. The MLN Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any MLN Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in a prudent lender making mortgage loans similar to the applicable jurisdiction MLN Mortgage Loans, and each such title insurance policy is issued by a title insurer acceptable in to a prudent lender making mortgage loans similar to the industry MLN Mortgage Loans, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerMLN, its successors and assigns, as to the first priority lien (with respect to First Lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the MLN Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below and (4) of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey readinguses. SellerMLN, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this the MLN Agreement. No claims have been made are pending under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerMLN, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.MLN;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Representations and Warranties Agreement (GSAMP Trust 2006-He5)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien or second priority lien, as applicable, of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3) below of paragraph (l) of this Part I of Schedule 1c), and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.;”

Appears in 2 contracts

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

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines or to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Mac, as applicable, and each such title insurance policy is issued by a title insurer acceptable in under the industry Underwriting Guidelines, or under Xxxxxx Mae or Xxxxxxx Mac guidelines, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3iv) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)

Title Insurance. The Transaction Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association (“ALTA”) lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Transaction Mortgage Loan, with respect to a Transaction Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1-A, and in the case of adjustable rate Transaction Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly paymentMortgage Interest Rate. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Walter Investment Management Corp)

Title Insurance. The Other than HELOCs where the Underwriting Guidelines provide for origination without title insurance and the Take-out Investor does not require title insurance for its purchase thereof, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the related Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan other than a HELOC, or the original Credit Limit, with respect to a HELOC (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the related Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by the related Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (Fieldstone Investment Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located ALTA or (ii) an American Land Title Association CLTA lender’s title insurance policy or comparable policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Mac, or state law, issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac, or state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, assigns as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of if such Mortgage Loan is an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage Mortgage interest rate and or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement, Master Repurchase Agreement (Pulte Homes Inc/Mi/)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the related Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the related Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by the related Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making originating the same or similar types of mortgage loans in the area jurisdiction wherein the Mortgaged Property is located located, or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe relevant Borrower, its successors and assigns, as to the first or second priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe relevant Borrower, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerany Borrower, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerany Borrower.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Aames Investment Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is locatedQualified Insurer, insuring (subject to the exceptions contained above in Section 7.02(j)(a) and (b) and, with respect to each Mortgage Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule) clause (d)) the Seller, its successors and assigns, or the Originator, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), ) and (2), and (3) below of paragraph (lj) of this Part I of Schedule 1Subsection 7.02, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than Either the standard exclusions) for zoning Seller, its successor and uses and has been marked to delete assigns, or the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerOriginator, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and the related Purchase Price and Terms Letter. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Seller and the Originator, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Seller and the Originator;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1), Distribution Instructions (MASTR Asset Backed Securities Trust 2005-Nc2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer issuex xx x xxxle ixxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring Sellerthe Company, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1A), (2), B) and (3C) below of paragraph (lj) of this Part I Subsection 9.02 of Schedule 1the Purchase Agreement, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerCompany, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this the applicable Purchase Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2), Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)

Title Insurance. The Except in the case of Coop Loans, the Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, title the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein where the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is FHLMC, issued by a title insurer acceptable in the industry to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Company, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, and against any loss by reason of the invalidity or enforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1, Section 3.02 and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. If the Mortgaged Property is a condominium unit located in a state in which a title insurer will generally issue an endorsement, then the related title insurance policy contains an endorsement insuring the validity of the creation of the condominium form of ownership with respect to the project in which such unit is located. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are Company is the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions loan sale transaction contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 2 contracts

Samples: 1998 Agreement (Structured Asset Securities Corp), Warranties and Servicing Agreement (Structured Asset Securities Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction policy, and each such title insurance policy is issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the applicable Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses subclause (1i), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentScheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Seller, its successors successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made are pending under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the applicable Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the applicable Seller.;

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.), Transfer and Servicing Agreement (FBR Securitization, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy (which in the case of an Adjustable Rate Mortgage Loan has an adjustable rate mortgage endorsement in the form of ALTA 6.0 or comparable policy 6.1 or equivalent) acceptable to, with respect to the Conventional Mortgage Loans, Xxxxxx Xxx or Xxxxxxx Mac Mac, and approved for use in with respect to the applicable jurisdiction and each such title insurance policy is Non-Conventional Mortgage Loans, FHA or VA, as applicable, issued by a title insurer acceptable in to, with respect to the industry Conventional Mortgage Loans, Xxxxxx Mae or Xxxxxxx Mac, and with respect to the Non-Conventional Mortgage Loans, FHA or VA, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Company, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii) and (iii), and with respect to each Second Lien Mortgage Loan, clause (3) below iv), of paragraph Paragraph (l) of this Part I of Schedule 1Exhibit I, and in the case of adjustable rate with respect to Adjustable Rate Mortgage Loans, Loans against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage Mortgage Interest Rate and Monthly Payment. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest rate and monthly paymenttherein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest thereinpolicy. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerCompany, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation. In connection with the issuance of such lender’s title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 1 contract

Samples: Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to First Lien Loans) or second priority lien (with respect to Second Lien Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), ) and (2), and (3) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 13, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other PersonPerson LEGAL02/33574838v9 Sch. 3-5 or entity, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (M I Homes Inc)

Title Insurance. The Transaction Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association (“ALTA”) lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Transaction Mortgage Loan, with respect to a Transaction Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1-A, and in the case of adjustable rate Transaction Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly paymentMortgage Interest Rate. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be LEGAL02/37648106v16 received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (DITECH HOLDING Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy policy, or comparable policy other generally acceptable to Xxxxxx Xxx or Xxxxxxx Fannie Mae and Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is that was issued by a title insurer acceptable in the industry and qualified to lixxxxxx xxx qualxxxxx xo do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to First Lien Loans) or second priority lien (with respect to Second Lien Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below and (4) of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Warranties Agreement (GSAA Home Equity Trust 2006-2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerTrust Subsidiary, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerTrust Subsidiary, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerneither Seller nor Trust Subsidiary, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by SellerTrust Subsidiary.

Appears in 1 contract

Samples: Master Repurchase Agreement (Altisource Residential Corp)

Title Insurance. The Unless such Mortgage Loan is a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Xxx, Freddie Mac or Xxxxxxx Mac and approved for use in the applicable jurisdiction GNMA, as applicable, and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Xxx, Freddie Mac or GNMA, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage, or solely with respect to a Second Lien Mortgage Loan, second priority lien, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1a), (2b), (c) and (3d) below of paragraph (lj) of this Part I of Schedule 1-A, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by the Seller.. Schedule 1-A-5 LEGAL02/43092007v4

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

Title Insurance. The Except in the case of Coop Loans, the Mortgage --------------- Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, title the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein where the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is FHLMC, issued by a title insurer acceptable in the industry to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Company, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, and against any loss by reason of the invalidity or enforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1, Section 3.02 and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. If the Mortgaged Property is a condominium unit located in a state in which a title insurer will generally issue an endorsement, then the related title insurance policy contains an endorsement insuring the validity of the creation of the condominium form of ownership with respect to the project in which such unit is located. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are Company is the sole insureds insured of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions loan sale transaction contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 1 contract

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

Title Insurance. The Mortgage Other than with respect to a Cooperative Loan, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy, or with respect to any Loan for which the related Mortgaged Property is located in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Agency, FHA, VA, RHS or HUD and each such title insurance policy is issued by a title insurer acceptable in to the industry applicable Agency, FHA, VA, RHS or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Title Insurance. The Mortgage Other than with respect to a Cooperative Loan, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy, or with respect to any Loan for which the related Mortgaged Property is located in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Agency, FHA, VA, RHS or HUD and each such title insurance policy is issued by a title insurer acceptable in to the industry applicable Agency, FHA, VA, RHS or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction insurance and each such title insurance policy is issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Borrowers, its their respective successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), and (3), and, with respect to each Mortgage Loan which is indicated by the Borrowers to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Tape) below clause (4) of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerEach Borrower, its respective successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s 's title insurance policy, and and, to the best of such Borrower's knowledge, no prior holder or servicer of the related Mortgage, including Sellerany Borrower, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerany Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry xx x txxxe inxxxxx xcceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictixx xxxre the Mortgaged Mxxxxxxxd Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph Paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in and, to the applicable jurisdiction and best of Seller’s knowledge, each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where To the best of Seller’s knowledge, where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The To the best of Seller’s knowledge, the title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and and, to the best of Seller’s knowledge, no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other PersonPerson or entity, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Walter Investment Management Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer issuex xx x xxxle ixxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to First Lien Loans) or second priority lien (with respect to Second Lien Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the purchase transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerSellers, its their successors and assigns, as to the first priority Lien lien or second priority lien, as applicable, of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3) below of paragraph (l) of this Part I of Schedule 1c), and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerSellers, its their successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerSellers, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.Sellers;

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable policy acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title or other generally acceptabxx xxrm xx polxxx xx insurance policy is acceptable to Fannie Mae or Freddie Mac, issued by a title insurer acceptable in the industry xxxxxxable to Fannie Max xx Freddie Mac and qualified to do business in the ix xxx jurisdiction where the xxx Mortgaged Property is located, insuring Sellerthe Company, its successors and assigns, as to the first or second priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph Paragraph (lj) of this Part I Section 3.02, and, with respect to each Second Lien Mortgage Loan, clause (4) of Schedule 1Paragraph (k) of this Section 3.02, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage Mortgage Interest Rate and Monthly Payment. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest rate and monthly paymenttherein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest thereinpolicy. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerCompany, its successors and assigns, assigns are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation. In connection with the issuance of such lender's title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 1 contract

Samples: Sale and Interim Servicing Agreement (ABFC 2006-He1 Trust)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer issuex xx x xxxle ixxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring Sellerthe Company, its successors and assigns, as to the first priority lien (with respect to First Lien Loans) or second priority lien (with respect to Second Lien Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1Exhibit B, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe Company, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and to the Company's knowledge as of the Transfer Date, such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the purchase transactions contemplated by this Agreement. No Except as disclosed in writing by the Company to the Purchaser on or prior to the Transfer Date, no claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)

Title Insurance. The Mortgage Except with respect to Landscape Loans originated in connection with a refinancing, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (including, to the extent a Note provides for Negative Amortization, the maximum amount of Negative Amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment and Negative Amortization. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (PHH Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 13, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Schedule 3-5 has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other PersonPerson or entity, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (M I Homes Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the related Seller, its successors and assigns, as to the first priority Lien lien or second priority lien of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), and (3) below of the paragraph (l) entitled “Valid First or Second Lien” of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the related Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by either Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

Title Insurance. The With respect to a Mortgage Loan which is not a Cooperative Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy or with respect to any Mortgage Loan, for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, (or in the case of any Mortgage Loan secured by a Mortgaged Property located in a jurisdiction where such policies are generally not available, an opinion of counsel of the type customarily rendered in such jurisdiction in lieu of title insurance) or other generally acceptable form of policy or comparable policy of insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Mac and approved for use in the applicable jurisdiction Freddie Mac, and each such title insurance policy is issued by issuxx xx a title insurer xxtle xxxxxxx acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdictxxx xxere the Mortgaged Xxxxxxxed Property is located, insuring Sellerthe Company, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph Paragraph (lk) of this Part I of Schedule 1Section 3.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerCompany, its it successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Company, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Company;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance sxxx titlx xxxxxance policy is issued by a title insurer acceptable in the industry to Fannie Mae or Freddie Mac and qualified xxxxxxied to do business in busixxxx xx the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Responsible Party, its successors and assigns, as to the first priority Lien lien (with respect to first lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3) below of paragraph (liv) of representation 10 of this Part I of Schedule 1IV, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentScheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe Responsible Party, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon on the consummation of the transactions contemplated by this AgreementClosing Date. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Responsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsaa Trust 2004-Nc1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction insurance; and each such title insurance policy is issued by a title insurer that would be acceptable in to a prudent lender that makes mortgage loans similar to the industry Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to First Lien Loans) or second priority lien (with respect to Second Lien Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), ) and (2), and (3) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.. All claims covered by the title insurance policy must be made by Purchaser and/or its assignees;

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx Mac and approved for use in the applicable jurisdiction FHLMC and each such title insurance policy is issued by a title insurer acceptable in the industry to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor Obligor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Title Insurance. The Mortgage Loan Prior to the Closing Date, Purchaser may obtain, at its cost and expense, title insurance commitments agreeing to issue to Purchaser standard form lessee's policies of title insurance with respect to all Leased Real Property, together with a copy of each document to which reference is covered made in such commitments. For all Leased Real Property, such policies shall be the currently effective standard ALTA Form leasehold owner's policies and in such amounts as such shall be reasonably acceptable to Purchaser. All policies shall insure title in full accordance with the representations and warranties set forth herein and shall be subject only to such conditions and exceptions as shall be reasonably acceptable to Purchaser, and shall contain such endorsements as Purchaser shall reasonably request (including, but not limited to and to the extent available, an endorsement over rights of creditors, a "gap" endorsement, an access endorsement, a zoning 3.1 endorsement, a comprehensive endorsement, a tax parcel endorsement and a non-imputation endorsement, if requested by either Purchaser or Purchaser's lender). If any such title insurance commitment reflects any defect in title which could adversely impact the use or operation of the Leased Real Property or Company's facilities or stores located thereon, then Purchaser shall so advise Primary Shareholders. Purchaser and Primary Shareholders shall then cooperate in good faith to mutually resolve each such defect to the mutual satisfaction of both parties. If the parties cannot reach a mutual resolution of all such defects prior to the Closing Date and the aggregate amount required to cure all such defects is less than $50,000 and Purchaser still insists on curing such defects, then Primary Shareholders and Purchaser shall each bear one-half of the cost to cure all of such defects. If the parties cannot reach a mutual resolution of all such defects prior to the Closing Date and the aggregate amount required to cure all such defects is $50,000 or more, then Purchaser shall have the option of either: (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable terminating this Agreement without obligation or liability to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located Sellers or Company pursuant to Section 10.1.5 or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of closing the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, herein and no prior holder or servicer of submitting the related Mortgage, including Seller, has done, by act or omission, anything which would impair dispute to arbitration for final and binding resolution pursuant to Article XI and the coverage non-prevailing party shall pay all costs and expenses of such lender’s title insurance policyarbitration and, includingif required by such arbitration proceeding, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value all costs and expenses of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no curing all such unlawful items have been received, retained or realized by Sellerdefects.

Appears in 1 contract

Samples: Share Purchase Agreement (Fresh Brands Inc)

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Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), ) and (2), and (3) below of paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitationand Seller has not done, no by act or omission, anything that would impair the coverage of such lender’s title insurance policy. No unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ffa)

Title Insurance. The Mortgage Except with respect to Landscape Loans originated in connection with a refinancing, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fxxxxx Mxx or Xxxxxxx Fxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (including, to the extent a Note provides for Negative Amortization, the maximum amount of Negative Amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment and Negative Amortization. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (PHH Corp)

Title Insurance. The Except with respect to a Mortgage Loan that is a GNMA EBO where the related Mortgaged Property has been sold to a third party and the FHA Mortgage Insurance claim proceeds have not yet been received, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to Xxxxxx Xxx, Xxxxxxx Mac or prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located, or (ii) an ALTA lender’s title insurance policy or other generally acceptable form of policy or insurance acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable with respect to Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans and Xxxxxx Xxx or Xxxxxxx Mac with respect to Mortgage Loans other than Non-Agency QM Mortgage Loans and approved for use in the applicable jurisdiction Non-Agency Non-QM Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable prudent mortgage lending institutions making mortgage loans in the industry area wherein the Mortgaged Property is located with respect to Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans and Xxxxxx Mae or Xxxxxxx Mac with respect to Mortgage Loans other than Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1Permitted Encumbrances, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey readinguses. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and to Seller’s knowledge, no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (AmeriHome, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy (which, in the case of an Adjustable Rate Loan has an adjustable rate mortgage endorsement in the form of ALTA 6.0 or comparable 6.1) or other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Mac, issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and licensed and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the related Seller, its successors and assigns, as to the first (or second, if the Mortgage Loan is a Second Mortgage Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the mortgage interest rate exceptions contained in clauses (A), (B), and monthly payment(C), and with respect to each Second Mortgage Loan, clause (D) of Paragraph (10) of this Schedule 1. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the related Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by the related Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (Impac Mortgage Holdings Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerSellers, its successors and assigns, as to the first priority Lien lien or second priority lien, as applicable, of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage lender’s title insurancepolicy. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerSellers, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerSellers, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.will

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

Title Insurance. The With respect to a Mortgage Loan that is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, title the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein where the Mortgaged Property is located, (ii) an ALTA lender’s title insurance policy, (iii) with respect to any Mortgage Loan for which the Mortgaged Property is located in California, a CLTA lender’s insurance title policy, or (iiiv) an American Land Title Association lender’s title insurance other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2), ii) and (3iii) below of paragraph (l) of this Part I of Schedule 1Section 8.02, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. The assignment to the Purchaser of the Seller’s interest in such lender’s title insurance policy does not require any consent of or notification to the insurer that has not been obtained or made, such lender’s title insurance policy is in full force and effect and will be in full force and effect and inure to the benefit of the Purchaser. No claims have been made under such lender’s title insurance policy, and no . No prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

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

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy sxxx xxtxx insuxxxxx xolicy is issued by a title insurer acceptable in the industry to Fannie Mae or Freddie Mac and qualified to qualifxxx xx do business in busixxxx xx the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph Paragraph (lj) of this Part I of Schedule 1Subsection 9.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Msac 2006-Nc1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fxxxxx Mxx or Xxxxxxx Fxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien or second priority lien, as applicable, of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3) below of paragraph (l) of this Part I of Schedule 1c), and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

Title Insurance. The October Acoustic Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any October Acoustic Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by xxxxxd xx a title insurer txxxx xxsurer acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jurxxxxxxion wherx xxx Xortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien October Acoustic Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the October Acoustic Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below and (4) of paragraph (lj) of this Part I of Schedule 1Exhibit I, and in the case of adjustable rate October Acoustic Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-He1)

Title Insurance. The Other than HELOCs where the Underwriting Guidelines provide for origination without title insurance and the Take-out Investor does not require title insurance for its purchase thereof, the Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerSellers, its their successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan other than a HELOC, or the original Credit Limit, with respect to a HELOC (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Seller, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the applicable Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by either Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx FNMA or Xxxxxxx Mac and approved for use in the applicable jurisdiction FHLMC and each such title insurance policy is issued by a title insurer acceptable in the industry to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Borrower, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1Annex Two, and any other matters that Borrower agreed to allow to be outstanding against the Property, provided that such matters, would not affect the recovery of funds in the event of foreclosure, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor Customer has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey readinguses. SellerThe Borrower, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Borrower, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerthe Borrower. Each title policy includes a clean Patriot Act and OFAC search.

Appears in 1 contract

Samples: Credit and Security Agreement (Manhattan Bridge Capital, Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer ixxxxx bx x titxx xxxxrer acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jurisxxxxxxn where the Mortgaged xxx Xxxtgaged Property is located, insuring Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below and, with respect to Second Lien Mortgage Loans, clause (d) of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s Buyer's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Oak Street Financial Services Inc)

Title Insurance. The Transaction Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Transaction Mortgage Loan, with respect to a Transaction Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1-A, and in the case of adjustable rate Transaction Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly paymentMortgage Interest Rate. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Walter Investment Management Corp)

Title Insurance. The Lender shall have received (A) (1) any available --------------- endorsement to, or other modifications of, each Title Insurance Policy insuring the Lien of an existing Mortgage delivered in connection with any prior advance of the proceeds of the Loan as Lender determines is covered by either reasonably necessary or advisable to ensure the continued priority of the Lien of such existing Mortgage as amended or modified in connection with such Subsequent Advance and (i2) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable any "tie-in" or similar endorsement to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Title Insurance Policy available with respect to any Title Insurance Policy insuring the Lien of any Mortgage with respect to an Additional Property delivered to Lender in connection with such Subsequent Advance and (B) a Title Insurance Policy (or a marked, signed and redated commitment to issue such Title Insurance Policy) insuring the Lien of any Mortgage with respect to an Additional Property delivered to Lender in connection with such Subsequent Advance, issued by a title insurer company acceptable to Lender and dated as of the Subsequent Advance Closing Date, with reinsurance and direct access agreements reasonably acceptable to Lender. Such Title Insurance Policies shall (1) provide coverage in the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as an amount equal to the first priority Lien of the Mortgage in the original principal amount of the Release Amount of the related Additional Property if the tie-in or similar endorsement described above is available, or, if such endorsement is not available, in an amount equal to one hundred fifty percent (150%) of the Release Amount of the related Additional Property, (2) insure Lender that the relevant Mortgage Loancreates a valid lien on such Additional Property encumbered thereby of the requisite priority, subject only to free and clear of all exceptions from coverage other than Permitted Encumbrances and standard exceptions and exclusions from coverage (as modified by the exceptions contained in clauses (1terms of any endorsements), (2)3) contain such endorsements and affirmative coverages as Lender may reasonably request, and (34) below of paragraph (l) of this Part I of Schedule 1, and name Lender as the insured. Lender also shall have received evidence that all premiums in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds respect of such lender’s title insurance policyendorsements, modifications and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims Title Insurance Policies have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerpaid.

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Administrative Agent with respect to Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans and Xxxxxx Xxx or Xxxxxxx Mac with respect to Mortgage Loans other than Non-Agency QM Mortgage Loans and approved for use in the applicable jurisdiction Non-Agency Non-QM Mortgage Loans, and each such title insurance policy is issued by a title insurer acceptable in the industry to Administrative Agent with respect to Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans and Xxxxxx Mae or Xxxxxxx Mac with respect to Mortgage Loans other than Non-Agency QM Mortgage Loans and Non-Agency Non-QM Mortgage Loans, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the applicable Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage, other than Second Lien Mortgage Loans, and with respect to Second Lien Mortgage Loans as to the second priority lien of the related Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. applicable Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including any Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by a Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable under the Underwriting Guidelines and to Xxxxxx Xxx Fxxxxx Mxx or Xxxxxxx Fxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in under the industry Underwriting Guidelines and to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), i) and (3ii) below of paragraph clause (lj) of this Part I of Schedule 1Subsection 7.02, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors successor and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyBorrower shall have furnished to the Original Purchaser a commitment for a mortgagee’s opinion policy of title and abstract of title, insurance in an amount equal to the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Loan issued by a title insurer insurance company reasonably acceptable in to Original Purchaser (herein referred to as the industry and qualified to do business in the jurisdiction where the Mortgaged Property is located“Title Insurance Company”), insuring Seller, its successors and assigns, as to Original Purchaser the title of the Borrower to the first priority Project together with any easements for parking and ingress and egress which benefit the Project, free and clear of all Liens, claims, encumbrances, easements, encroachments and defects, except for the Lien of current real estate taxes not delinquent and the Permitted Encumbrances. Said commitment shall either insure against violation of existing zoning ordinances and regulations or shall certify said zoning ordinances and regulations in sufficient detail that it can be ascertained that there is no violation thereof by the construction of the improvements on the Project. The Title Insurance Company shall provide affirmative mechanic’s lien coverage for advancements made during construction. Such commitment shall contain such special coverage endorsements as Original Purchaser may require. Upon request by the Original Purchaser, the Borrower shall deliver to the Original Purchaser satisfactory evidence from the Title Insurance Company acknowledging payment in full for all premiums, costs and expenses for issuance of such binder and the final policy of insurance to be issued pursuant thereto and obligating the Title Insurance Company to (a) issue a continued commitment after recordation of the Mortgage in which shows the original principal amount Mortgage as a first lien upon the Project subject to the above conditions, (ii) provide such interim certifications as may be required by the Original Purchaser prior to each advancement of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3iii) below issue, upon demand by the Original Purchaser, a final extended coverage mortgagee’s policy of paragraph title insurance on the ALTA 2006 Loan Policy form with only exceptions reasonably satisfactory to the Original Purchaser which insures the Mortgage and the security interest granted pursuant to the Mortgage (l) the title commitment and final policy required pursuant to the terms of this Part I of Schedule 1, and Loan Agreement is herein referred to as the “Title Insurance Policy”). The Borrower shall cause the Title Insurance Company to issue in the case of adjustable rate Mortgage Loans, against any loss by reason favor of the invalidity or unenforceability of Original Purchaser an insured closing letter setting forth the lien resulting from agent’s authority to bind the provisions of the Mortgage providing for adjustment Title Insurance Company to the mortgage interest rate title insurance coverage and monthly payment. Where protections required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest thereinthis Loan Agreement. The title policy does not contain any special exceptions Original Purchaser reserves the right to require reinsurance in such amounts and from such companies as may be acceptable to the Original Purchaser (other than the standard exclusions) such reinsurance to be evidenced by an ALTA Facultative Reinsurance Agreement with provisions for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerdirect access).

Appears in 1 contract

Samples: Note Purchase and Loan Agreement

Title Insurance. The Mortgage Loan is covered by either (i) an attorneyALTA lender’s opinion of title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction Fanxxx Xxe xx Frexxxx Xxc and each such title insurance policy is issued by a title insurer acceptable in the industry to Fanxxx Xxe or Frexxxx Xxc and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2), ii) and (3iii) below of paragraph (lm) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other PersonPerson or entity, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Home Point Capital Inc.)

Title Insurance. The Other than HELOCs where the Underwriting Guidelines provide for origination without title insurance and the Take-out Investor does not require title insurance for its purchase thereof, the Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer isxxxx xy x titlx xxxxxer acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jurisdxxxxxx where the Mortgaged txx Xxxxgaged Property is located, insuring the applicable Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan other than a HELOC, or the original Credit Limit, with respect to a HELOC (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. the applicable Seller, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the applicable Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any Schedule 1-5 attorney, firm or other Person, and no such unlawful items have been received, retained or realized by any Seller.

Appears in 1 contract

Samples: American Home Mortgage Investment Corp

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lenderALTA Mortgagee’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1)a) through (d) and, with respect to Second Lien Mortgage Loans, clause (2), and (3e) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s mortgagee title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, are the sole insureds of such lender’s mortgagee title insurance policy, and such lender’s mortgagee title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s mortgagee title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s mortgagee title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien or second priority lien, as applicable of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii), (iii), and (3iv) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (E Loan Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy (as evidenced by a title commitment or comparable binder if the final policy has not yet been issued) or other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx Fxxxxx Mxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Fxxxxxx Mac, issued by a title insurer acceptable in the industry to Fxxxxx Mae or Fxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is locatedlocated to the extent required, insuring Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the mortgage interest rate exceptions contained in clauses (A), (B), and monthly payment(C), and with respect to each Second Lien Mortgage Loan clause (D) of Paragraph (10) of this Schedule 1. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no . No unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person from Seller or Affiliates or to the Seller’s knowledge, any other Person, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of titleALTA, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located CLTA or (ii) an American Land Title Association TLTA lender’s title insurance policy or comparable policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Mac, or state law, issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac, or state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring in (h)(iv)) Seller, its successors and assigns, assigns as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of if such Mortgage Loan is an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage Mortgage interest rate and or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Ryland Group Inc)

Title Insurance. The Mortgage Loan is covered by either (i) a Second Lien Mortgage Loan for which an attorney’s opinion of Alternative Title Product has been obtained, or (ii) covered by an ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by xxxxxx xx a title insurer tixxx xxxurer acceptable in the industry to Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jurixxxxxxon where the Mortgaged xxx Xxrtgaged Property is located, insuring the Seller, its successors and assigns, as to the first priority lien (with respect to first lien Mortgage Loans) or second priority lien (with respect to Second Lien Mortgage Loans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below and (4) of paragraph (lj) of this Part I of Schedule 1Subsection 7.01, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by the Seller.;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (GSAA Home Equity Trust 2006-16)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien or second priority lien, as applicable of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1i), (2ii), (iii), and (3iv) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey readinguses. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.;

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Fannxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction xx Fredxxx Xxx and each such title insurance policy is issued by a title insurer acceptable in the industry to Fannxx Xxx or Fredxxx Xxx and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe applicable Trust Subsidiary, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe applicable Trust Subsidiary, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerneither Seller nor any Trust Subsidiary, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerany Trust Subsidiary.

Appears in 1 contract

Samples: Master Repurchase Agreement (Altisource Residential Corp)

Title Insurance. The Mortgage Loan secured by a mortgage with a first --------------- priority lien ("First Mortgage") is covered by either (i1) an attorney’s 's - opinion of title and abstract of title, title the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein where the Mortgaged Property mortgaged property is located or (ii2) an American Land Title Association ALTA lender’s 's title - insurance policy or comparable other generally acceptable form of policy acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is of insurance, issued by a title insurer acceptable in the industry and qualified to do business in the jurisdiction where the Mortgaged Property mortgaged property is located, insuring Selleryou, its your successors and assigns, as to the first priority Lien lien of the mortgage in the amount of 100% of the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) above and, with respect to adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the mortgage providing for adjustment to the mortgage interest rate and monthly payment. Unless otherwise agreed by Nikko, the Mortgage Loan secured by a Second Mortgage is covered by either (1) an - attorney's opinion of title or (2) abstract of title the form and substance of which is acceptable to mortgage lending institutions making similar mortgage loans in the area where the mortgaged property is located or (3) - an ALTA lender's title insurance policy or other generally acceptable form of policy of insurance, issued by a title insurer and qualified to do business in the jurisdiction where the mortgaged property is located, insuring you, your successors and assigns, as to the second priority lien of the mortgage in the amount of 100% of the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1), (2), and (3) below and (4) of paragraph (lk) of this Part I of Schedule 1above and, and in the case of with respect to adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage mortgage providing for adjustment to the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, You are the sole insureds insured of such lender’s 's title insurance policypolicies, and such lender’s 's title insurance policy is valid and remains policies are in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this AgreementFacility. No claims have been made under such lender’s 's title insurance policypolicies, and no prior holder or servicer of the related Mortgagemortgages, including Selleryou, has done, by act or omission, anything which that would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerpolicies.

Appears in 1 contract

Samples: Residential Mortgage Financing Facility (Preferred Credit Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property LEGAL02/36809997v5 is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Walter Investment Management Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of titleALTA, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located CLTA or (ii) an American Land Title Association TLTA lender’s title insurance policy or comparable policy policy, acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Mac, or state law, issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac, or state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring in (h)(iv)) Seller, its successors and assigns, assigns as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of if such Mortgage Loan is an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the mortgage Mortgage interest rate and or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, Seller and its successors and assigns, assigns are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Administrative Agent (as agent and representative of Buyers) and its assigns without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, Seller has not done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Lennar Corp /New/)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and Xxxxxx Xxx or and Xxxxxxx Mac and approved for use in the applicable jurisdiction with respect to Agency Mortgage Loans and each such title insurance policy is issued by a title insurer acceptable in the industry to Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and Xxxxxx Mae and Xxxxxxx Mac with respect to Agency Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan, subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy of insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is Mac, issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Mortgagee, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (including, subject only to the exceptions contained extent a Note provides for Negative Amortization, the maximum amount of Negative Amortization in clauses (1), (2accordance with the Mortgage), and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate, Monthly Payment and Negative Amortization, subject only to the mortgage interest rate exceptions contained in clauses (A), (B), and monthly payment. (C), and with respect to each Second Lien Mortgage Loan, clause (D) of Paragraph (j) of this Exhibit B. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe Mortgagee, its successors and assigns, are assigns is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerSeller and Guarantor, has have done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by SellerSeller or Guarantor.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Title Insurance. The Mortgage Except with respect to Landscape Loans originated in connection with a refinancing, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Seller, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (including, to the extent a Note provides for Negative Amortization, the maximum amount of Negative Amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Adjustable Rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment and Negative Amortization. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.. (q) No Defaults. There is no default, breach, violation or event of acceleration existing under the Mortgage or the Note and no event has occurred which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration, and neither Seller nor its predecessors have waived any default, breach, violation or event of acceleration. Schedule 1-A-5 (r) No Mechanics’ Liens. At origination, there were no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under the law could give rise to such liens) affecting the Mortgaged Property which are or may be liens prior to, or equal or coordinate with the lien of the Mortgage. (s) Location of Improvements; No Encroachments. All improvements which were considered in determining the Appraised Value of the Mortgaged Property lie wholly within the boundaries and building restriction lines of the Mortgaged Property, and no improvements on adjoining properties encroach upon the Mortgaged Property. No improvement located on or being part of the Mortgaged Property is in violation of any applicable zoning and building law, ordinance or regulation. (t)

Appears in 1 contract

Samples: Master Repurchase Agreement

Title Insurance. The As of the Servicing Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, the Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy, or other generally acceptable form of policy or comparable policy insurance acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac with respect to Mortgage Loans and approved for use pursxxxx xo xxe Underwriting Guidelines (as in effect on the applicable jurisdiction date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the industry secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring SellerWMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), (iii) and (3) below of paragraph (liv) of representation 10 of this Part I of Schedule 1VI, and in the case of adjustable rate Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Rate and monthly paymentScheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerWMC Mortgage Corp., its successors successor and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No As of the Servicing Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, no claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including SellerWMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.WMC Mortgage Corp.;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion ALTA form of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association lender’s title insurance policy or comparable other generally acceptable form of policy of insurance acceptable to the Takeout Investor, issued by, and the binding obligation of, a title insurer acceptable to HUD, Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry Mac, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, if required, insuring Seller, its successors and assigns, as to the first priority Lien lien (if the Mortgage Loan is indicated by Seller to be a first lien Mortgage Loan on the Loan Purchase Detail) of the Mortgage in the original principal amount of the Mortgage Loan, subject only or as to the exceptions contained second priority lien (if the Mortgage Loan is indicated by Seller to be a second lien Mortgage Loan on the Loan Purchase Detail) of the Mortgage in clauses (1), (2)the original principal amount of the Mortgage Loan, and (3) below of paragraph (l) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of for the Mortgage providing for adjustment to in the mortgage interest rate and monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insuranceinsurance unless the premium for such insurance was not paid by the Mortgagor. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain With the exception of any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Sellerapplicable Takeout Investor, its successors and assigns, are Seller is the sole insureds insured of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon inure to the consummation benefit of the transactions contemplated by this AgreementMBF without any further act. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Seller.

Appears in 1 contract

Samples: Multifamily and Health Care Mortgage Loan Repurchase Agreement (Municipal Mortgage & Equity LLC)

Title Insurance. The Other than HELOCs where the Underwriting Guidelines provide for origination without title insurance and the Take-out Investor does not require title insurance for its purchase thereof, the Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the related Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan other than a HELOC, or the original Credit Limit, with respect to a HELOC (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below and, with respect to Second Lien Mortgage Loans, clause (4) of paragraph (li) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including the related Seller, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by the related Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe applicable Trust Subsidiary, its successors and assigns, as to the first priority Lien lien of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1a), (2), b) and (3c) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe applicable Trust Subsidiary, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerneither Seller nor any Trust Subsidiary, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerany Trust Subsidiary.

Appears in 1 contract

Samples: Master Repurchase Agreement (Altisource Residential Corp)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of ALTA lender's title and abstract of titleinsurance policy, or with respect to any Mortgage Loan for which the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located or (ii) an American Land Title Association in California a CLTA lender’s 's title insurance policy policy, or comparable policy other generally acceptable to Xxxxxx Xxx Fannie Mae or Xxxxxxx Freddie Mac and approved for use in the applicable jurisdiction and each such title insurance policy is thxx xxx issued by xx a title insurer acceptable in the industry txxxx xxsurer licensed and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe Responsible Party, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (1i), (2ii), and (3) below of paragraph (liii) of representation 10 of this Part I of Schedule 1III, and and, in the case of adjustable adjustable-rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentScheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception exceptions or to replace the standard survey exception with a specific survey reading. SellerThe Responsible Party, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon on the consummation of the transactions contemplated by this AgreementClosing Date. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerthe Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Personperson or entity, and no such unlawful items have been received, retained or realized by Seller.the Responsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2005-10)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s 's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an American Land Title Association ALTA lender’s 's title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring Sellerthe relevant Borrower, its successors and assigns, as to the first priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s 's title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. SellerThe relevant Borrower, its successors and assigns, are the sole insureds of such lender’s 's title insurance policy, and such lender’s 's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender’s 's title insurance policy, and no prior holder or servicer of the related Mortgage, including Sellerany Borrower, has done, by act or omission, anything which would impair the coverage of such lender’s 's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by Sellerany Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Aames Financial Corp/De)

Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making originating the same or similar types of mortgage loans in the area jurisdiction wherein the Mortgaged Property is located located, or (ii) an American Land Title Association ALTA lender’s title insurance policy or comparable other generally acceptable form of policy or insurance acceptable to Xxxxxx Xxx or Xxxxxxx Mac and approved for use in the applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable in the industry to Xxxxxx Mae or Xxxxxxx Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the relevant Seller, its successors and assigns, as to the first or second priority Lien lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2), ) and (3) below of paragraph (lj) of this Part I of Schedule 1, and in the case of adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the mortgage interest rate Mortgage Interest Rate and monthly paymentMonthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and egress and against encroachments by or upon the Mortgaged Property or any interest therein. The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The relevant Seller, its successors and assigns, are the sole insureds of such lender’s title insurance policy, and such lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including any Seller, has done, by act or omission, anything which would impair the coverage of such lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other Person, and no such unlawful items have been received, retained or realized by any Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Aames Investment Corp)

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