Insurer Rights. The Insurer shall be fully discharged from its obligations under the Policy by payment of the Death Benefit to the Beneficiary, subject to the terms and conditions of the Policy. In no event shall the Insurer be considered a party of this Agreement, or any modification or amendment hereof. No provision of this Agreement, or of any modification or amendment hereof, shall in any way be construed as enlarging, changing, varying, or in any other way affecting the obligations of the Insurer as expressly provided in the Policy, except insofar as the provisions hereof are made a part of the Policy by the Collateral Assignment executed by the Employee and filed with the Insurer in connection herewith.
Insurer Rights. Exhibits Exhibit A-1 Form of Class A Certificates Exhibit A-2 Form of Class M Certificates Exhibit A-3 Form of Class B Certificates Exhibit A-4 Form of Class C Certificates Exhibit A-5 Form of Class R Certificates Exhibit B Mortgage Loan Schedule Exhibit C Form of Transfer Affidavit Exhibit D Form of Transferor Certificate Exhibit E Form of Investment Letter (Non-Rule 144A) Exhibit F Form of Rule 144A and Related Matters Certificate Exhibit G Form of Request for Release Exhibit H DTC Letter of Representations Exhibit I Schedule of Mortgage Loans with Lost Notes Exhibit J Form of LaSalle Custodial Agreement Exhibit K Form of Xxxxx Fargo Custodial Agreement Exhibit L Form of Mortgage Loan Purchase Agreement Exhibit M Form of Company Certification Exhibit N-1 Form of Class I-A Policy Exhibit N-2 Form of Class II-A Policy Exhibit O Servicing Criteria to Be Addressed in Assessment of Compliance Exhibit P Form 10-D, Form 8-K and Form 10-K Reporting Responsibility Exhibit Q Additional Disclosure Notification POOLING AND SERVICING AGREEMENT, dated as of January 1, 2006, among BEAR XXXXXXX ASSET BACKED SECURITIES I LLC, a Delaware limited liability company, as depositor (the “Depositor”), EMC MORTGAGE CORPORATION, a Delaware corporation, as seller (in such capacity, a “Seller”) and as company (in such capacity, the “Company”), LASALLE BANK NATIONAL ASSOCIATION, a national banking association, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”) and CITIBANK, N.A., a national banking association, as trustee (the “Trustee”).
Insurer Rights. All notices, statements, reports, certificates, lists or opinions required by this Agreement to be sent to the parties hereto, the Rating Agencies or the Certificateholders shall also be sent at such time to the Insurer at the notice addresses set forth in Section 12.05. The Insurer shall be an express third party beneficiary of this Agreement for the purpose of enforcing the provisions hereof to the extent of the Insurer’s or any Certificateholder’s rights explicitly specified herein as if a party hereto. The Trustee (subject to its rights under this Agreement), the Depositor, the Securities Administrator and the Master Servicer shall cooperate in all respects with any reasonable request by the Insurer for action to preserve or enforce the Insurer’s rights or interests hereunder without limiting the rights or affecting the interests of the Certificateholders as otherwise set forth herein. The Insurer will have the right to exercise all rights, including voting rights, which the Holders of the Class I-A Certificates and/or the Holders of the Class II-A Certificates are entitled to exercise under this Agreement, under the Mortgage Loan Purchase Agreement or any other instrument, document or agreement relating to the foregoing. In addition, the Insurer shall have the right to participate in, any action, proceeding or investigation for any remedy available to the Trustee and to the Securities Administrator with respect to any matter that could adversely affect the Class I-A Certificates and the Class II-A Certificates. The Trustee and the Securities Administrator hereby agrees to provide to the Insurer prompt written notice of any action, proceeding or investigation of which it has actual knowledge that names the Trust or the Trustee as a party and that could adversely affect the Class I-A Certificates and/or the Class II-A Certificates. Notwithstanding anything contained herein or in any of the other Transaction Documents to the contrary, the Trustee and the Securities Administrator shall not, without the Insurer’s prior written consent or unless directed in writing by the Insurer, undertake or join any litigation or agree to any settlement of any action, proceeding or investigation affecting the Trust or the Trust Fund to the extent any such settlement, action, proceeding or investigation could reasonably be expected to have a material adverse affect on the rights or obligations of the Insurer hereunder or under the Class I-A Policy, the Class II-A Policy o...
