Common use of Customary and Enforceable Provisions Clause in Contracts

Customary and Enforceable Provisions. The related Mortgage contains customary and enforceable provisions which render the rights and remedies of the holder thereof adequate for the realization against the Mortgaged Property of the benefits of the security purported to be provided by the Mortgage, including, (i) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (ii) otherwise by judicial or non-judicial foreclosure. There is no homestead or other exemption available to the Mortgagor which would materially interfere with the right to sell the Mortgaged Property at a trustee's sale or the right to foreclose the Mortgage (subject to the applicable federal and state laws and judicial precedent with respect to bankruptcy and rights of redemption) except as set forth in the Prospectus.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Eqcc Receivables Corp), Pooling and Servicing Agreement (Eqcc Receivables Corp)

Customary and Enforceable Provisions. The related Mortgage contains customary and enforceable provisions which that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security purported to be provided by the Mortgagethereby, including, (ia) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (iib) otherwise by judicial or non-judicial foreclosure. There is no homestead or other exemption available to the Mortgagor which would materially interfere with the right to sell the related Mortgaged Property at a trustee's sale or the right to foreclose the Mortgage (subject to the applicable federal and state laws and judicial precedent with respect to bankruptcy and rights of redemption) except as set forth in the Prospectus.Mortgage;

Appears in 1 contract

Sources: Purchase, Sale & Servicing Agreement (E Loan Inc)