Common use of Lender’s Appointment as Attorney-in-Fact Clause in Contracts

Lender’s Appointment as Attorney-in-Fact. (a) Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact with full irrevocable power and authority in the place and stead of such Borrower and in the name of such Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Agreement), to take any action on behalf of such Borrower pursuant to any Acknowledgement Agreement and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Agreement) to the extent such actions are permitted to be taken by the Lender under any Acknowledgement Agreement, and, without limiting the generality of the foregoing, each Borrower hereby gives the Lender the power and right, on behalf of such Borrower, without assent by, but with notice to, such Borrower, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any Acknowledgement Agreement):

Lender’s Appointment as Attorney-in-Fact. (a) Each The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact attorney-in-fact with full irrevocable power and authority in the place and stead of such the Borrower and in the name of such the Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the limited purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContracts), to take any action on behalf of such the Borrower pursuant to any the Acknowledgement Agreement Agreements and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContracts) to the extent such actions are permitted to be taken by the Lender under any the Acknowledgement AgreementAgreements, and, without limiting the generality of the foregoing, each the Borrower hereby gives the Lender the power and right, on behalf of such the Borrower, without assent by, but with notice to, such the Borrower, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any each Acknowledgement Agreement):

Lender’s Appointment as Attorney-in-Fact. (a) Each The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact attorney-in-fact with full irrevocable power and authority in the place and stead of such the Borrower and in the name of such the Borrower or in its own name, from time to time in the Lender’s 's discretion, if an Event of Default shall have occurred and be continuing, for the purpose of carrying out the terms of this Loan Agreement, upon the Borrower's failure to do so within ten (10) days after the Lender's written request (provided, however, that if the Lender determines in good faith that waiting ten (10) days prior to carrying out the terms of this Loan Agreement (could have an adverse effect on the Lender's rights or the value of the Collateral, the Lender shall have the right to act following any Servicing Contract or Excess Servicing Spread Acquisition Agreement), to take any action on behalf shorter period of such Borrower pursuant to any Acknowledgement Agreement and time which the Lender deems appropriate) to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Agreement) to the extent such actions are permitted to be taken by the Lender under any Acknowledgement Loan Agreement, and, without limiting the generality of the foregoing, each the Borrower hereby gives the Lender the power and right, on behalf of such the Borrower, without assent by, but with notice to, such the Borrower, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any Acknowledgement Agreement):following:

Lender’s Appointment as Attorney-in-Fact. (a) Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact attorney-in-fact with full irrevocable power and authority in the place and stead of such the Borrower and in the name of such the Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContract), to take any action on behalf of such the Borrower pursuant to any Acknowledgement Agreement and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContract) to the extent such actions are permitted to be taken by the Lender under any Acknowledgement Agreement, and, without limiting the generality of the foregoing, each the Borrower hereby gives the Lender the power and right, on behalf of such the Borrower, without assent by, but with notice to, such the Borrower, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any Acknowledgement Agreement):

Lender’s Appointment as Attorney-in-Fact. (a) Each The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact with full irrevocable power and authority in the place and stead of such the Borrower and in the name of such the Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the limited purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Contracts to the extent permitted by the related Acknowledgment Agreement), to take any action on behalf of such the Borrower pursuant to any Acknowledgement Agreement the Acknowledgment Agreements and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Contracts to the extent permitted by the related Acknowledgment Agreement) solely to the extent such actions are expressly permitted to be taken by the Lender under any Acknowledgement Agreementthe Acknowledgment Agreements or the Xxxxxxx Mac Servicing Contract, and, without limiting the generality of the foregoing, each the Borrower hereby gives the Lender the power and right, on behalf of such the Borrower, without assent by, but with notice to, such the Borrower, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any Acknowledgement Agreementeach Acknowledgment Agreement and the Xxxxxxx Mac Servicing Contract):

Lender’s Appointment as Attorney-in-Fact. (a) Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact with full irrevocable power and authority in the place and stead of such Borrower and in the name of such Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the limited purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Contracts to the extent permitted pursuant to the Xxxxxxx Mac Acknowledgment Agreement), to take any action on behalf of such Borrower pursuant to any Acknowledgement the Xxxxxxx Mac Acknowledgment Agreement and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition Contracts to the extent permitted pursuant to the Xxxxxxx Mac Acknowledgment Agreement) solely to the extent such actions are expressly permitted to be taken by the Lender under any Acknowledgement Agreementthe Xxxxxxx Mac Acknowledgment Agreement or the Xxxxxxx Mac Servicing Contract, and, without limiting the generality of the foregoing, each Borrower hereby gives the Lender the power and right, on behalf of such Borrower, without assent by, but with notice to, such Borrowerthe Borrowers, if an Event of Default shall have occurred and be continuing, to do the following (subject solely to limitations contained the extent expressly permitted in any Acknowledgement Agreement):the Xxxxxxx Mac Acknowledgment Agreement and the Xxxxxxx Mac Servicing Contract:

Lender’s Appointment as Attorney-in-Fact. (a) Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact with full irrevocable power and authority in the place and stead of such Borrower and in the name of such Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the limited purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContracts), to take any action on behalf of such Borrower pursuant to any Acknowledgement Agreement the Acknowledgment Agreements and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContracts) to the extent such actions are permitted to be taken by the Lender under any Acknowledgement Agreementthe Acknowledgment Agreements, and, without limiting the generality of the foregoing, each Borrower hereby gives the Lender the power and right, on behalf of such Borrower, without assent by, but with notice to, such Borrowerthe Borrowers, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any Acknowledgement each Acknowledgment Agreement):

Lender’s Appointment as Attorney-in-Fact. (a) Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney‑in‑fact attorney-in-fact with full irrevocable power and authority in the place and stead of such Borrower and in the name of such Borrower or in its own name, from time to time in the Lender’s discretion, if an Event of Default shall have occurred and be continuing, for the limited purpose of carrying out the terms of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContracts), to take any action on behalf of such Borrower pursuant to any the Acknowledgement Agreement Agreements and to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement (or any Servicing Contract or Excess Servicing Spread Acquisition AgreementContracts) to the extent such actions are permitted to be taken by the Lender under any the Acknowledgement AgreementAgreements, and, without limiting the generality of the foregoing, each Borrower hereby gives the Lender the power and right, on behalf of such Borrower, without assent by, but with notice to, such Borrowerthe Borrowers, if an Event of Default shall have occurred and be continuing, to do the following (subject to limitations contained in any each Acknowledgement Agreement):