Common use of Appointment and Compensation of Master Servicer Clause in Contracts

Appointment and Compensation of Master Servicer. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act as the Master Servicer for the Home Loans (including all of the duties, obligations and rights of the Master Servicer) under this Agreement. The Master Servicer hereby accepts its appointment as the Master Servicer hereunder. The Master Servicer hereby undertakes to enter into the Servicing Agreement with an Eligible Servicer. The Master Servicer may remove and replace the Servicer under the terms of the Servicing Agreement, provided that the Securities Insurer consents to such termination and such Servicer is replaced with an Eligible Servicer. The Master Servicer shall not consent to any amendment or modification of any Servicing Agreement [without the consent of the Securities Insurer]. The Master Servicer shall not consent to any material amendment, modification or waiver of the servicing provisions of this Agreement, without the consent of [the Securities Insurer and] the Indenture Trustee. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act on behalf of the Issuer as "Owner" under the Servicing Agreement. As compensation for its services hereunder, the Master Servicer shall be entitled to receive from the Note Payment Account the Master Servicer Fee. In addition to the Master Servicer Fee, additional compensation attributable to prepayment penalties, 20% of any late charges collected on the Home Loans, investment earnings from the Collection Account and the Note Payment Account shall be part of the Master Servicer Compensation payable to the Master Servicer pursuant to Section 5.01(c) hereof. Master Servicing Compensation shall be reduced by the amount of any due and unpaid Servicing Fee Recovery Amounts. The Master Servicer shall be required to pay all expenses incurred by it in connection with its Master Servicer duties and activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided for herein.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Securitized Asset Backed Receivables LLC), Sale and Servicing Agreement (Bcap LLC), Sale and Servicing Agreement (Bcap LLC)

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Appointment and Compensation of Master Servicer. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act as the Master Servicer for the Home Loans (including all of the duties, obligations and rights of the Master Servicer) under this Agreement. The Master Servicer hereby accepts its appointment as the Master Servicer hereunder. The Master Servicer hereby undertakes to enter into the Servicing Agreement with an Eligible Servicer. The Master Servicer may remove and replace the Servicer under the terms of the Servicing Agreement, provided that [the Securities Insurer consents to such termination and and] such Servicer is replaced with an Eligible Servicer. The Master Servicer shall not consent to any amendment or modification of any Servicing Agreement [without the consent of the Securities Insurer]. The Master Servicer shall not consent to any material amendment, modification or waiver of the servicing provisions of this Agreement, without the consent of [the Securities Insurer and] the Indenture Trustee. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act on behalf of the Issuer as "Owner" under the Servicing Agreement. As compensation for its services hereunder, the Master Servicer shall be entitled to receive from the Note Payment Account the Master Servicer Fee. In addition to the Master Servicer Fee, additional compensation attributable to prepayment penalties, 20% of any late charges collected on the Home Loans, investment earnings from the Collection Account and the Note Payment Account shall be part of the Master Servicer Compensation payable to the Master Servicer pursuant to Section 5.01(c) hereof. Master Servicing Compensation shall be reduced by the amount of any due and unpaid Servicing Fee Recovery Amounts. The Master Servicer shall be required to pay all expenses incurred by it in connection with its Master Servicer duties and activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided for herein.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp)

Appointment and Compensation of Master Servicer. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act as the Master Servicer for the Home Mortgage Loans (including all of the duties, obligations and rights of the Master Servicer) under this Agreement. The Master Servicer hereby accepts its appointment as the Master Servicer hereunder. The Master Servicer hereby undertakes to enter into the Servicing Agreement with an Eligible Servicer. The Master Servicer may remove and replace the Servicer under the terms of the Servicing Agreement, provided that [the Securities Insurer consents to such termination and and] such Servicer is replaced with an Eligible Servicer. The Master Servicer shall not consent to any amendment or modification of any Servicing Agreement [without the consent of the Securities Insurer]. The Master Servicer shall not consent to any material amendment, modification or waiver of the servicing provisions of this Agreement, without the consent of [the Securities Insurer and] the Indenture Trustee. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act on behalf of the Issuer as "Owner" under the Servicing Agreement. As compensation for its services hereunder, the Master Servicer shall be entitled to receive from the Note Payment Account the Master Servicer Fee. In addition to the Master Servicer Fee, additional compensation attributable to prepayment penalties, 20__% of any late charges collected on the Home Mortgage Loans, investment earnings from the Collection Account and the Note Payment Account shall be part of the Master Servicer Compensation payable to the Master Servicer pursuant to Section 5.01(c) hereof. Master Servicing Compensation shall be reduced by the amount of any due and unpaid Servicing Fee Recovery Amounts. The Master Servicer shall be required to pay all expenses incurred by it in connection with its Master Servicer duties and activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided for herein.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp)

Appointment and Compensation of Master Servicer. The IssuerIssuing Entity, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act as the Master Servicer for the Home Loans (including all of the duties, obligations and rights of the Master Servicer) under this Agreement. The Master Servicer hereby accepts its appointment as the Master Servicer hereunder. The Master Servicer hereby undertakes to enter into the Servicing Agreement with an Eligible Servicer. The Master Servicer may remove and replace the Servicer under the terms of the Servicing Agreement, provided that the Securities Insurer consents to such termination and such Servicer is replaced with an Eligible Servicer. The Master Servicer shall not consent to any amendment or modification of any Servicing Agreement [without the consent of the Securities Insurer]. The Master Servicer shall not consent to any material amendment, modification or waiver of the servicing provisions of this Agreement, without the consent of [the Securities Insurer and] the Indenture Trustee. The IssuerIssuing Entity, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act on behalf of the Issuer Issuing Entity as "Owner" under the Servicing Agreement. As compensation for its services hereunder, the Master Servicer shall be entitled to receive from the Note Payment Account the Master Servicer Fee. In addition to the Master Servicer Fee, additional compensation attributable to prepayment penalties, 20% of any late charges collected on the Home Loans, investment earnings from the Collection Account and the Note Payment Account shall be part of the Master Servicer Compensation payable to the Master Servicer pursuant to Section 5.01(c) hereof. Master Servicing Compensation shall be reduced by the amount of any due and unpaid Servicing Fee Recovery Amounts. The Master Servicer shall be required to pay all expenses incurred by it in connection with its Master Servicer duties and activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided for herein.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bcap LLC)

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Appointment and Compensation of Master Servicer. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act as the Master Servicer for the Home Loans (including all of the duties, obligations and rights of the Master Servicer) under this Agreement. The Master Servicer hereby accepts its appointment as the Master Servicer hereunder. The Master Servicer hereby undertakes to enter into the Servicing Agreement with an Eligible the Servicer. The Master Servicer may remove and replace the Servicer under the terms of the Servicing Agreement, provided that the Securities Insurer consents to such termination and such Servicer is replaced with an Eligible Servicer. The Master Servicer shall not consent to any amendment or modification of any Servicing Agreement [without the consent of the Securities Insurer]. The Master Servicer shall not consent to any material amendment, modification or waiver of the servicing provisions of this Agreement, without the consent of [the Securities Insurer and] and the Indenture Trustee. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act on behalf of the Issuer as "Owner" under the Servicing Agreement. As Subject to Section 5.01(c), as compensation for its services hereunder, the Master Servicer shall be entitled to receive from the Note Payment Account the Master Servicer Fee. In addition to the Master Servicer Fee, additional compensation attributable to prepayment penalties, 20% of any late charges collected on the Home Loans, investment earnings from the Collection Account and the Note Payment Account shall be part of the Master Servicer Compensation payable to the Master Servicer pursuant to Section 5.01(c) hereof. Master Servicing Servicer Compensation shall be reduced by the amount of any due and unpaid Servicing Fee Recovery Amounts. The Master Servicer shall be required to pay all expenses incurred by it in connection with its Master Servicer duties and activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided for herein.

Appears in 1 contract

Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)

Appointment and Compensation of Master Servicer. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act as the Master Servicer for the Home Loans (including all of the duties, obligations and rights of the Master Servicer) under this Agreement. The Master Servicer hereby accepts its appointment as the Master Servicer hereunder. The Master Servicer hereby undertakes to enter into the Servicing Agreement with an Eligible the Servicer. The Master Servicer may remove and replace the Servicer under the terms of the Servicing Agreement, provided that the Securities Insurer consents to such termination and such Servicer is replaced with an Eligible Servicer. The Master Servicer shall not consent to any amendment or modification of any Servicing Agreement [without the consent of the Securities Insurer]. The Master Servicer shall not consent to any material amendment, modification or waiver of the servicing provisions of this Agreement, without the consent of [the Securities Insurer and] and the Indenture Trustee. The Issuer, the Securityholders and the Indenture Trustee hereby assign and appoint the Master Servicer to act on behalf of the Issuer as "Owner" under the Servicing Agreement. As compensation for its services hereunder, the Master Servicer shall be entitled to receive from the Note Payment Account the Master Servicer Fee. In addition to the Master Servicer Fee, additional compensation attributable to prepayment penalties, 20% of any late charges collected on the Home Loans, investment earnings from the Collection Account and the Note Payment Account shall be part of the Master Servicer Compensation payable to the Master Servicer pursuant to Section 5.01(c) hereof. Master Servicing Compensation shall be reduced by the amount of any due and unpaid Servicing Fee Recovery Amounts. The Master Servicer shall be required to pay all expenses incurred by it in connection with its Master Servicer duties and activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided for herein.

Appears in 1 contract

Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)

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