Interim Servicing Sample Clauses
The Interim Servicing clause defines the responsibilities and procedures for managing an asset, loan, or property during a transitional period before permanent servicing arrangements are established. Typically, this clause outlines who will handle day-to-day administration, collect payments, or address maintenance issues in the interim, and may specify the duration and compensation for these temporary services. Its core function is to ensure continuity and prevent lapses in management or oversight during the transition, thereby protecting the interests of all parties involved.
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Interim Servicing. The Seller or its designated agent approved by the Buyer shall service the Mortgage Loans until the related Transfer Date in compliance with all of the terms and provisions of this Agreement and customary servicing procedures of prudent servicers servicing mortgage loans like the Mortgage Loans; provided, however, that the Seller alone shall remain responsible for its servicing obligations hereunder until the Servicer assumes the servicing obligations hereunder. On or prior to the Monthly Determination date immediately following the related Transfer Date, the Seller and the Servicer shall resolve any discrepancies between the Seller’s accounting statement and the Servicer’s reconciliation with respect thereto and, not later than such Monthly Determination Date, the Seller or the Buyer, as the case may be, shall transfer to the other, in immediately available funds by wire transfer, any amounts to which the other party is entitled. For so long as the Seller acts as the interim servicer with respect to any Mortgage Loans, the Seller shall deposit payments received by it into the Interim Collection Account and shall remit via wire transfer, hand delivery or overnight mail to the Servicer on a daily basis, within two Business days after receipt thereof, all payments received in respect of such Mortgage Loans on and after the related Cut-Off Date (except Escrow Payments). The Seller shall keep track of the payments received, and concurrently with any such deposit, the Seller shall give the Servicer a notification of deposit in a form mutually agreeable to the Seller and the Servicer. Within three Business Days after the end of each Remittance Period, the Seller shall furnish a summary of such remittances to the Buyer, the Servicer and the Program Administrator for such Remittance Period. The Seller shall indemnify and hold the Servicer, the Buyer and the Program Administrator harmless against any and all losses and damages which the Buyer, the Servicer or the Program Administrator may sustain as a result of any breach by the Seller of its interim servicing obligations hereunder.
Interim Servicing. During the period from the Effective Date through the termination of the Transition Services Agreement with respect to each service provided by the Company thereunder, the Company has agreed to continue to provide certain Policyholder services for the Policies and the Post-Closing Policies.
Interim Servicing. With respect to Mortgages or portfolios of Mortgages designated by ▇▇▇▇▇▇▇ ▇▇▇ as being serviced by Seller/Servicer as Interim Servicer:
(i) Designated Custodian and Interim Servicer will comply in all respects with the terms of this Agreement except as explicitly amended by this Section 3(f);
(ii) With respect to each Note deposited with it that is serviced by an Interim Servicer, unless otherwise instructed by ▇▇▇▇▇▇▇ ▇▇▇ in writing, Designated Custodian will perform the verifications specified in Guide Sections 2202.6 and 7101.9; and
(iii) Notwithstanding the statements in Guide Section 2202.1 regarding payment by the Seller/Servicer, Designated Custodian will ▇▇▇▇ ▇▇▇▇▇▇▇ Mac for Interim Servicer’s custodial services hereunder as set forth in Section 3(g).
Interim Servicing. With respect to Mortgages or portfolios of Mortgages designated by Freddie Mac as being serviced by Seller/Servicer as Interim Servicer:
(i) Designated Custodian and Interim Servicer will comply in all respects with the terms of this Agreement except as explicitly amended by this Section 2(g);
(ii) with respect to each Note deposited with it that is serviced by an Interim Servicer, unless otherwise instructed by Freddie Mac in writing, Designated Custodian will perform the verifications specified in Guide Sections 2202.6 and 7101.9; and
(iii) notwithstanding the statements in Guide Section 2202.1 regarding payment by the Seller/Servicer, Designated Custodian will ▇▇▇▇ ▇▇▇▇▇▇▇ Mac for custodial services hereunder as set forth in Section 7(b).
Interim Servicing. During the period (the "Interim Servicing Period") commencing on the Closing Date and ending on June 14, 2003, or such other date as the Seller and the Servicer shall agree upon (the "Transfer Date"), the Seller shall service the Mortgage Loans on behalf of the Purchaser in accordance with the Purchaser's Servicing Guide in effect on the Closing Date. As compensation for servicing the Mortgage Loans during the Interim Servicing Period, the Seller shall be entitled to receive a fee of $7.00 per Mortgage Loan for each full calendar month during the Interim Servicing Period. With respect to any partial month the Seller services the Mortgage Loans on behalf of the Purchaser, the Seller shall be entitled to receive a pro rata portion of the monthly interim servicing fee. On or prior to the Servicing Transfer Date, the Seller shall have made files for each Mortgage Loan, that consist at least of the documents listed on Schedule 4 attached hereto (with respect to each Mortgage Loan, a "Servicing File", and collectively, the "Servicing Files") and shall deliver such Servicing File to the Purchaser. In connection with any Form 10-K Certification, filed pursuant to the Pooling and Servicing Agreement during the Interim Servicing Period, each of the Trustee and the Depositor shall provide the Servicer with a back-up certification substantially in the form attached hereto as Exhibit T.
Interim Servicing. At any time after the Bank Closing Date, the Receiver may establish on its books one or more asset pools and may transfer into those asset pools (by means of accounting entries on the books of the Receiver) all or any assets and liabilities of the Failed Bank that are not acquired by the Assuming Institution, including wholly unfunded Commitments, and assets and liabilities that may be acquired, funded or originated by the Receiver subsequent to the Bank Closing Date. The Receiver may remove assets (and liabilities) from or add assets (and liabilities) to those pools at any time in its discretion. At the option of the Receiver, the Assuming Institution will service, administer and collect those pool assets in accordance with, and for the term set forth in, Exhibit 4.13.
Interim Servicing. (a) During the Interim Servicing Period, at Owner’s request and direction as set forth in this Section 2.01, each Interim Servicer shall perform the Interim Services (as defined below) on the Serviced Loans and Bank shall perform the Bank Collection Services (as defined below) on the Serviced Loans, in each case pursuant to the terms of this Agreement and in accordance with the Servicing Standards, other than as expressly contemplated by Section 7.01 of the Seller Disclosure Schedule, the Purchase Agreement or this Agreement. “Servicing Standards” means acting (i) in compliance in all material respects with Applicable Requirements, (ii) in compliance in all material respects with the Pre-Enstar Credit Insurance Administrative Services Agreement or the Purchaser Credit Insurance Administrative Services Agreement, as applicable, and (iii) at a level substantially consistent with the level of skill, diligence, care and attention and branding that Interim Servicer or Bank has used and exercised with respect to the Serviced Loans, as applicable, in the three months immediately prior to the date of this Agreement. Notwithstanding the generality of the preceding sentence, (X) “Interim Services” means, (i) unless otherwise expressly provided herein, all services performed by each Interim Servicer in connection with servicing, administering and receiving collections on the Serviced Loans, including maintaining the Loan Files, in the three months immediately prior to the date of this Agreement and (ii) performing the administration, servicing, billing, receiving collections and reporting functions related to Credit Insurance that the Owner has agreed to perform under the Purchaser Credit Insurance Administrative Services Agreement, but in either case shall exclude any and all Bank Collection Services; and (Y) “Bank Collection Services” means, (i) unless otherwise expressly provided herein, all collection services performed by the Bank with respect to the Serviced Loans in the three months immediately prior to the date of this Agreement and (ii) performing all collection services related to Credit Insurance that Owner has agreed to perform under the Purchaser Credit Insurance Administrative Services Agreement, but in either case shall exclude any and all Interim Services. To the extent consistent with the foregoing direction, each Interim Servicer shall have full power and authority, acting alone, to do or cause to be done any and all things in connection with Interi...
Interim Servicing. For Mortgages or portfolios of Mortgages identified by Freddie Mac as serviced by Seller/Servicer under contract as Interim Servicer, Designated Custodian and Seller/Servicer will comply with the terms of this Agreement, provided that, Designated Custodian will bill Freddie Mac for the Services hereunder as set forth in Section 7(b).
Interim Servicing. (a) Notwithstanding anything to the contrary contained in this Agreement, to the extent that the actual servicing of any Loan or Loans (a) cannot be transferred from Sellers to Purchaser on the Closing Date due to the requirements governing the timing of notice of transfer of servicing under RESPA, or other applicable laws, or (b) will not be transferred from Sellers to Purchaser by agreement of the parties, then Sellers shall service such Loans as a subservicer on behalf of and for the benefit of Purchaser pursuant to the terms and conditions of this Section 9.1. Sellers shall service such Loans from and after the Cut-off Date until the Servicing Transfer Date in compliance with reasonable and customary servicing practices and procedures of prudent mortgage loan servicers that service mortgage loans similar to the Mortgage Loans and shall perform and comply with such servicing transfer instructions as are mutually agreed to by the Parties prior to the Servicing Transfer Date. Except as provided below, within two (2) business days after the Servicing Transfer Date, and weekly thereafter, Sellers shall remit to Purchaser, by wire, all amounts received by Sellers after the Cut-off Date and to and including the Servicing Transfer Date (including without limitation, monies received or held in reserve for the payment of taxes, insurance premiums or other charges in connection with the Loan, plus interest thereon), together with the following:
(i) A summary of remittances (including the account numbers, amount of payments, amount of escrow and account reserves);
(ii) A trial balance of Loans;
(iii) A monthly collection report; and
(iv) As appropriate, arrears reports, prepaid reports, reports of Loans added or removed, and reports of prepaid monthly payments and of principal prepayments.
(b) Sellers shall promptly post any payments received between the Cut-off Date and Servicing Transfer Date and remit such payments to Purchaser no later than one (1) Business Day after the Servicing Transfer Date.
(c) During the interim servicing period, Sellers shall take no action to compromise, renew, modify or alter the terms of a Loan or to commence any judicial or non-judicial action to collect a Loan without the prior written consent of Purchaser. Any payments or monies received or held by Sellers from or on behalf of a Obligor after the Servicing Transfer Date shall be held in trust by Sellers for the benefit of Purchaser. Any payments or monies received by Sellers from ...
Interim Servicing. During the Interim Period, Seller shall subservice the Mortgage Loans on behalf of Purchaser in accordance with applicable Regulations and subject to the supervision and direction of Purchaser. Purchaser shall be entitled to the entire Servicing Compensation and any related ancillary income derived from the Servicing as and when payable under the Servicing Agreements. In addition, while the Custodial Accounts will be held by Seller during the Interim Period, Purchaser shall be entitled to the economic benefits associated with the Custodial Accounts, the details of which will be outlined in the Transitional Agreement.
