Common use of Documents, Records and Funds in Possession of the Master Servicer Clause in Contracts

Documents, Records and Funds in Possession of the Master Servicer. The Master Servicer shall account fully to the Purchaser for any funds received by the Master Servicer or which otherwise are collected by the Master Servicer, including any Cash Liquidation Proceeds, in respect of any Qualified Loan. All Servicing Files and Mortgage Files and funds collected or held by, or under the control of, the Master Servicer in respect of any Qualified Loans, whether from the collection of principal and interest payments or from Cash Liquidation Proceeds, including but not limited to any funds on deposit in the Collection Account, shall be held by the Master Servicer for and on behalf of the Purchaser and shall be and remain the sole and exclusive property of the Purchaser, subject to the applicable provisions of this Master Agreement. The Master Servicer also agrees that it shall not knowingly create, incur or subject any Servicing File, Mortgage File or any funds that are deposited in the Collection Account, or any funds that otherwise are or may become due or payable to the Purchaser, to any claim, lien, security interest, judgment, levy, writ of attachment or other encumbrance created by the Master Servicer, or assert by legal action or otherwise any claim or right of setoff against any Servicing File, Mortgage File or any funds collected on, or in connection with, a Qualified Loan, except, however, that the Master Servicer shall be entitled to set off against and deduct from any such funds any amounts that are properly due and payable to the Master Servicer under this Master Agreement.