Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant to the applicable Servicing AgreementsMaster Servicer. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s 's failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the related Servicing Agreement and that any conditions to such modification set forth in the related Servicing Agreement have been satisfied. Furthermore, if the related Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the related Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officerServicing Officer, with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and upon written request from a Servicing Officer, other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or the Custodian Custodian, on its behalf or the related Servicer behalf) shall provide access to the records and documentation in the possession of the Custodian Trustee (or Custodian, on its behalf) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, or Custodian or the related Serviceron its behalf; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related ServicerCustodian on its behalf, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as Custodian on its agent, or the related Servicerbehalf, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, 's or Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute execute, upon the related Servicer’s 's written instruction (which includes the documents to be signed) ), and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to If the foregoingMaster Servicer and the Securities Administrator are the same entity, in connection with a modification of then at any Mortgage Loan by a Servicer, if time the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationterminated as Master Servicer, the Master Servicer Securities Administrator shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementslikewise be removed as securities administrator. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related ServicerCustodian’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A7)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, MBIA, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Mort Pass THR Cert Ser 2002-4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement and RMC and RMAE under the Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicer, RMC and RMAE as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicer, RMC and RMAE and shall cause each Servicer the Servicer, RMC and RMAE to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement or RMC and RMAE under the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's, RMC's and RMAE's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's, RMC's or RMAE's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer, RMC or RMAE to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable by the Servicer, RMC and RMAE. Notwithstanding anything to enforce the obligations of the Servicer with respect to such modificationcontrary herein, the Master Servicer shall notify have no obligation to supervise, monitor or oversee the Depositor performance of such Servicer’s failure to comply with the terms of the Servicing Agreement. If RMC or RMAE under the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from on or after the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsTransfer Date. The Trustee shall furnish the Servicers Servicer, RMC, RMAE and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, RMC, RMAE and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer, the Servicer, RMC or RMAE pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the Servicer, RMC or RMAE, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian on its behalf or and the related Servicer Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, the Custodian’s 's or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and Servicer, RMC, RMAE or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable ▇▇▇▇▇ Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the ▇▇▇▇▇ Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.04 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the ▇▇▇▇▇ Fargo Servicing Agreement. If The Indenture Trustee shall furnish the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s or the Custodian on its behalf Master Servicer’s use or the related Servicer misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in the possession of the Custodian Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerIndenture Trustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee’s, Custodian’s or the related Servicer’s actual costs. The Indenture Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or reasonably desirable to (i) effect the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Master Servicing Agreement (Citigroup Mortgage Loan Trust 2005-11)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable ▇▇▇▇▇ Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the ▇▇▇▇▇ Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable ▇▇▇▇▇ Fargo Servicing AgreementsAgreement. In addition Notwithstanding anything in this Agreement or the ▇▇▇▇▇ Fargo Servicing Agreement to the foregoingcontrary, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable shall have no duty or obligation to supervise, monitor or oversee the activities of the Servicer or to enforce the obligations of the Servicer under the ▇▇▇▇▇ Fargo Servicing Agreement with respect to such modificationany Pledged Assets securing any Pledged Asset Loan, including, without limitation, the Master Servicer shall notify the Depositor collection of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect amounts owing to the related Mortgage Loans, Grantor Trust in respect thereof. The Grantor Trustee shall furnish the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer's or the Custodian on its behalf Master Servicer's use or the related Servicer misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in the possession of the Custodian Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Grantor Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Grantor Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or reasonably desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicer under this Agreement and the Interim Servicers under the Servicing Agreements to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Interim Servicers as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and the Interim Servicers and shall cause each the Servicer and the Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement or the Interim Servicers under the Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each the Servicer’s 's and the Interim Servicers' servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicer's or the Interim Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicer or the Interim Servicers to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of by the Servicer with respect and the Interim Servicers. Notwithstanding anything to such modificationthe contrary herein, the Master Servicer shall notify have no obligation to supervise, monitor or oversee the Depositor of such Servicer’s failure to comply with the terms performance of the Servicing Agreement. If Interim Servicers under the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from Agreements on or after the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsTransfer Date. The Trustee shall furnish the Servicers Servicer, the related Interim Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, the related Interim Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or shall have no responsibility for any action of the Custodian on its behalf Master Servicer, the Servicer or the related Interim Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the Servicer or the related Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such 102 access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, the Custodian’s 's or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the Servicer, the related Interim Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp Series Home Equity Trust 2005-Rm1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of W▇▇▇▇ Fargo under this Agreement and Countrywide under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement ,as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing AgreementAgreement , as applicable. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such by each Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers related Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or shall have no responsibility for any action of the Custodian on its behalf Master Servicer or the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, Custodian’s the Custodians' or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-He7)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable third paragraph of Section 8.01. Fremont 2006-C Pooling & Servicing Agreements. In addition Agreement Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it that are necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer’s misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-C)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and, where applicable, the Correspondent Sellers Guide and the Master Servicing Guide, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing PracticesPractices and, where applicable, the Master Servicing Guide. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.04 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator related Servicer Accounts pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property, which limited powers of attorney shall provide that the Trustee will not be liable for the actions or omissions of the Servicers or Master Servicer in exercising such powers. The Trustee or the Custodian on as its behalf or the related Servicer agent shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian as its agent shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, Custodian as its agent, or the related Servicer, agent shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related ServicerCustodian’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Trust, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of Ocwen and GMAC under this Agreement and Countrywide under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement or the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable this Agreement or the Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such by each Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Countrywide Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Countrywide Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Countrywide Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.obtain
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II 2005-Ar4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer's misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer the Servicers under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer’s the Servicers’ servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce by the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsServicers. The Trustee shall furnish the Servicers related Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or shall have no responsibility for any action of the Custodian on its behalf Master Servicer, the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable ▇▇▇▇▇ Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the ▇▇▇▇▇ Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the ▇▇▇▇▇ Fargo Servicing Agreement. If The Grantor Trustee shall furnish the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer’s or the Custodian on its behalf Master Servicer’s use or the related Servicer misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in the possession of the Custodian Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Grantor Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee’s, Custodian’s or the related Servicer’s actual costs. The Grantor Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or reasonably desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant to the applicable Servicing AgreementsMaster Servicer. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s 's failure to comply with the terms of the Servicing Agreement or this Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage LoanFurthermore, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action actions related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is actions are initiated, conducted and concluded in accordance with any the timeframes and any other requirements set forth in the Servicing Agreement and this Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master ServicerServicer with any powers of attorney, in substantially the form attached hereto as Exhibit O, and upon written request from a servicing officerServicing Officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or the Custodian on Custodian, as its behalf or the related Servicer agent) shall provide access to the records and documentation in the possession of the Custodian Trustee (or Custodian, as its agent) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute execute, upon the related Servicer’s 's written instruction (which includes the documents to be signed) signed and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce by the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the Custodian’s or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Wm2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall 108 cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.044.02, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Master Servicer Collection Account pursuant to the applicable Servicing Agreements. In addition to If the foregoingMaster Servicer and the Securities Administrator are the same entity, in connection with a modification of then at any Mortgage Loan by a Servicer, if time the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the terminated as Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form the Securities Administrator shall likewise be removed as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equitysecurities administrator.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2006-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition Notwithstanding anything in this Agreement to the foregoingcontrary, in connection with a modification of respect to any Mortgage Loan secured by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationany Additional Collateral, the Master Servicer shall notify have no duty or obligation to supervise, monitor or oversee the Depositor activities of such Servicer’s failure Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, any Additional Collateral (unless the Master Servicer shall approve such modification if, based upon its receipt have assumed the obligations of written notification from the related Cendant (or any successor thereto)as successor Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and that any conditions to such modification set forth in administer the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded Additional Collateral in accordance with any timeframes and any other requirements set forth in the provisions of the Cendant Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsAgreements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2003 3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable AHM Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the AHM Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.05 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the AHM Servicing Agreement. If The Indenture Trustee shall furnish the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer's or the Custodian on its behalf Master Servicer's use or the related Servicer misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in the possession of the Custodian Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerIndenture Trustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Indenture Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.046.05, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable Collection Account pursuant to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires Master Servicer and the approval of Securities Administrator are the same entity, then at any time the Master Servicer for a modification to a Mortgage Loanis terminated as Master Servicer, the Master Servicer Securities Administrator shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementslikewise be removed as securities administrator. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s 's or the related Servicer’s Custodian's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable W▇▇▇▇ Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the W▇▇▇▇ Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the W▇▇▇▇ Fargo Servicing Agreement. If The Indenture Trustee shall furnish the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicer’s or the Custodian on its behalf Master Servicer’s use or the related Servicer misuse of such powers of attorney. The Indenture Trustee shall provide access to the records and documentation in the possession of the Custodian Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerIndenture Trustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee’s, Custodian’s or the related Servicer’s actual costs. The Indenture Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or reasonably desirable to (i) effect the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-9)
Master Servicer. The Master Servicer shall, from and after beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers related Servicer to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the related Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the related Servicer and shall cause each enforce the obligations, conditions, covenants, representations and warranties of the related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable extent set forth in the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Servicers’ related Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers related Servicer pursuant to the related Servicing Agreement. The Master Servicer shall be entitled to conclusively rely on the related Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer, the Trustee and the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer, the Trustee or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Master Servicer, the Trustee or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, neither the TrusteeMaster Servicer, the Custodian, or Trustee nor the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Master Servicer, the Trustee and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the TrusteeMaster Servicer’s, Custodianthe Trustee’s or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Im1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Master Servicer Collection Account pursuant to the applicable Servicing Agreements. In addition to If the foregoingMaster Servicer and the Securities Administrator are the same entity, in connection with a modification of then at any Mortgage Loan by a Servicer, if time the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationterminated as Master Servicer, the Master Servicer Securities Administrator shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementslikewise be removed as securities administrator. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related ServicerCustodian’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A6)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of Ocwen and W▇▇▇▇ Fargo under this Agreement and SPS under the Servicers Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such by each Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney in the form set forth on Exhibit D hereto or attached to the Servicing Agreement, as applicable, and other documents in a form as provided acceptable to it the Trustee, and necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and Servicers or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. The Master Servicer shall comply in the performance of all reasonable rules and requirements of RMIC under the RMIC Policy, with respect to paying RMIC premiums under the RMIC Policy on behalf of the Trust. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant to the applicable Servicing AgreementsMaster Servicer. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s 's failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the related Servicing Agreement and that any conditions to such modification set forth in the related Servicing Agreement have been satisfied. Furthermore, if the related Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the related Servicing Agreement, and the Master Servicer shall notify the Depositor and the Guarantor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officerServicing Officer, with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and upon written request from a Servicing Officer, other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or the Custodian Custodian, on its behalf or the related Servicer behalf) shall provide access to the records and documentation in the possession of the Custodian Trustee (or Custodian, on its behalf) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, or Custodian or the related Serviceron its behalf; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related ServicerCustodian on its behalf, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agentTrustee, or the related ServicerCustodian on its behalf, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, 's or Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute execute, upon the related Servicer’s 's written instruction (which includes the documents to be signed) ), and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicer and the Interim Servicers to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and the Interim Servicers as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and the Interim Servicers and shall cause each the Servicer and the Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable this Agreement or the Interim Servicers under the Interim Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each the Servicer’s 's and the related Interim Servicer's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's or the related Interim Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicer or the Interim Servicers to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof and pursuant to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if Servicing Agreements based on information provided to the Master Servicer is unable to enforce the obligations of by the Servicer with respect and the Interim Servicers. Notwithstanding anything to such modificationthe contrary contained herein, the Master Servicer shall notify have no obligation to supervise, monitor or oversee the Depositor of such Servicer’s failure to comply with the terms performance of the Servicing Agreement. If Interim Servicers under the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage LoanAgreements, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of on or after the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsTransfer Date. The Trustee shall furnish the Servicers Servicer, the related Interim Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, the related Interim Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or shall have no responsibility for any action of the Custodian on its behalf Master Servicer, the Servicer or the related Interim Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the Servicer or the related Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such 106 access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, the Custodian’s 's or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the Servicer, the related Interim Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and, where applicable, the Correspondent Sellers Guide and the Master Servicing Guide, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing PracticesPractices and, where applicable, the Master Servicing Guide. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.04 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator related Servicer Accounts pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property, which limited powers of attorney shall provide that the Trustee will not be liable for the actions or omissions of the Servicers or Master Servicer in exercising such powers. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee (including in its capacity as Custodian hereunder) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Trust, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2003 5)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring Fremont 2005-B Pooling & Servicing Agreement with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer's misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Master Servicer. The Master Servicer shall, from and after beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable this Agreement and the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator and the Servicer pursuant to this Agreement and the applicable Servicing AgreementsAgreement. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a the Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement or this Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf behalf, or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian on its behalf, or the Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, neither the Trustee, the Custodian, or Custodian nor the related Servicer, Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the Custodian’s or the related Servicer’s actual costs. The Trustee shall execute and deliver to the Servicer and the Master Servicer, upon the related Servicersuch party’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-St1)
Master Servicer. The Master Servicer shallServicer, from and after beginning on the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement or this Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer enforce the respective obligations, conditions and covenants of the Servicers to perform and observe the covenants, obligations and conditions to be performed extent set forth in this Agreement or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ related Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator related Servicer pursuant to the applicable related Servicing AgreementsAgreement or this Agreement, as applicable. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the The Master Servicer shall notify be entitled to conclusively rely on the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (data provided to the extent it receives notice of by each Servicer and shall have no liability for any errors in such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsMortgage Loan data. The Indenture Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers to service and administer and the Master Servicer to master service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Custodian on its behalf Master Servicer’s use or the related Servicer misuse of such powers of attorney. The Master Servicer, Securities Administrator and Indenture Trustee shall provide access to the records and documentation in the their possession of the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the Note Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or Master Servicer, Securities Administrator and Indenture Trustee, as the related Servicercase may be; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Master Servicer, Securities Administrator and Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Master Servicer, Securities Administrator and Indenture Trustee shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer, Securities Administrator and Indenture Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee Indenture Trustee, at the request of the Servicers or Master Servicer, as applicable, shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and Servicers or the Master Servicer, as the case may be, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or reasonably desirable to (i) effect the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Bear Stearns Second Lien Trust 2007-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Accounts pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 11)
Master Servicer. The Master Servicer shall, from and after beginning on the Closing Date, supervise, monitor and oversee the obligation of the Company and the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement, respectively and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Company and the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each Servicer the Company and the Servicers and shall cause each Servicer enforce the obligations, conditions and covenants of the Company and Servicers to perform the extent set forth in this Agreement and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable related Servicing Agreement, respectively. The Master Servicer shall independently monitor the Company and separately monitor each Servicer’s the Servicers’ servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Company’s, the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Company and the Servicers to the Securities Administrator pursuant to this Agreement and the applicable Servicing AgreementsAgreement, respectively. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Company and the Servicers and shall have no liability for any errors in such Mortgage Loan data. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement or this Agreement. If the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) and that any conditions to such modification set forth in the Servicing Agreement or this Agreement have been satisfied. Furthermore, if the Servicing Agreement or this Agreement (in the case of the Company, as Servicer) requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing AgreementAgreement or this Agreement (in the case of the Company, as Servicer), and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the related Custodian on its behalf or and the related Servicer Securities Administrator shall provide access to the records and documentation in the possession of the Master Servicer, the Trustee or the related Custodian on its behalf or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Master Servicer, the Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, neither the Master Servicer, the Trustee, the Custodian, or Custodians nor the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Master Servicer, the Trustee, the Custodians and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Master Servicer’s, the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Company, each Servicer and or the Master Servicer, as applicable, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (SACO I Trust 2007-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to Not later than the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationClosing Date, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with Wells Fargo Guide ▇▇▇▇icers that they are now servicing the terms of the Servicing Agreement. If the Servicing Agreement requires the approval Wells Fargo Guide ▇▇▇▇gage Loans on behalf of the Master Servicer and the Trustee for a modification the benefit of the Certificateholders. Such notice shall also provide that, upon the occurrence of an Event of Default under this Agreement and the termination of the Master Servicer hereunder the Wells Fargo Guide ▇▇▇▇icers shall, upon receipt of notice of such termination from the Master Servicer, the Trustee or the successor master servicer, service and administer the Wells Fargo Guide ▇▇▇▇gage Loans for the benefit of the Trustee and the successor master servicer and remit all amounts collected with respect to a Mortgage Loanthe Wells Fargo Guide ▇▇▇▇gage Loans in accordance with the instructions provided by the Trustee or the successor master servicer. The Master Servicer shall instruct the Wells Fargo Guide ▇▇▇▇icers to provide all remittances, reports, information and other data or correspondence with respect to each related Wells Fargo Guide ▇▇▇▇gage Loan to the Master Servicer in accordance with instructions to be provided by the Master Servicer. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall approve such modification ifhave no duty or obligation to supervise, based upon its receipt monitor or oversee, and shall have no liability to any Certificateholder or to any other Person for the activities of written notification from the related any Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor servicing and administration of any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsCash Flow Loan. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Prime Mort Tr Pas THR Cer Ser 2004 Cl2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition Notwithstanding anything in this Agreement to the foregoingcontrary, in connection with a modification of respect to any Mortgage Loan secured by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationany Additional Collateral, the Master Servicer shall notify have no duty of obligation to supervise, monitor or oversee the Depositor activities of such Servicer’s failure Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, any Additional Collateral (unless the Master Servicer shall approve such modification if, based upon its receipt have assumed the obligations of written notification from the related Cendant (or any successor thereto)as successor Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and that any conditions to such modification set forth in administer the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded Additional Collateral in accordance with any timeframes and any other requirements set forth in the provisions of the Cendant Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsAgreements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service or master service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2002-11)
Master Servicer. (a) The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan .
(to the extent it receives notice of such from the related Servicerb) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. .
(c) The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. .
(d) The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Mort Pas THR Certs Ser 2003-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide a report in the form of a computer readable magnetic tape (or by such information other means as the Master Servicer and the Trustee may agree from time to time) containing such data and information, as agreed to by the Securities Administrator Master Servicer and the Trustee such as shall be necessary in order for it to permit the Trustee to prepare the statements specified in Section 6.046.04 by 12:00 p.m. Central Standard Time on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Trustee earlier than 12:00 p.m. Central Standard Time on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Master Servicer pursuant to the applicable Servicing AgreementsAgreement. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Servicer and shall have no liability for any errors in such Mortgage Loan data. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a the Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such the Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as on its agentbehalf, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer’s misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.Fremont [200 - ] Pooling & Servicing Agreement 103
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to Not later than the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationClosing Date, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with ▇▇▇▇▇ Fargo Guide Servicers that they are now servicing the terms of the Servicing Agreement. If the Servicing Agreement requires the approval ▇▇▇▇▇ Fargo Guide Mortgage Loans on behalf of the Master Servicer and the Trustee for a modification the benefit of the Certificateholders. Such notice shall also provide that, upon the occurrence of an Event of Default under this Agreement and the termination of the Master Servicer hereunder the ▇▇▇▇▇ Fargo Guide Servicers shall, upon receipt of notice of such termination from the Master Servicer, the Trustee or the successor master servicer, service and administer the ▇▇▇▇▇ Fargo Guide Mortgage Loans for the benefit of the Trustee and the successor master servicer and remit all amounts collected with respect to a the ▇▇▇▇▇ Fargo Guide Mortgage LoanLoans in accordance with the instructions provided by the Trustee or the successor master servicer. The Master Servicer shall instruct the ▇▇▇▇▇ Fargo Guide Servicers to provide all remittances, reports, information and other data or correspondence with respect to each related ▇▇▇▇▇ Fargo Guide Mortgage Loan to the Master Servicer in accordance with instructions to be provided by the Master Servicer. Notwithstanding anything in this Agreement or any Servicing Agreement to the contrary, the Master Servicer shall approve such modification ifhave no duty or obligation to supervise, based upon its receipt monitor or oversee, and shall have no liability to any Certificateholder or to any other Person for the activities of written notification from the related any Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor servicing and administration of any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsCash Flow Loan. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Mort Pas THR Cert Se 04 Cl1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer’s misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.Fremont [200___-___] Pooling & Servicing Agreement
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide a report in the form of a computer readable magnetic tape (or by such information other means as the Master Servicer and the Trustee may agree from time to time) containing such data and information, as agreed to by the Securities Administrator Master Servicer and the Trustee such as shall be necessary in order for it to permit the Trustee to prepare the statements specified in Section 6.046.04 by 12:00 p.m. Central Standard Time on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Trustee earlier than 12:00 p.m. Central Standard Time on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Master Servicer pursuant to the applicable Servicing Agreements. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in such Mortgage Loan data. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. In connection with any such Servicing Modification, the related Servicer may reimburse itself from the Trust for any outstanding Advances and Servicing Advances at the time of the modification to the extent interest and principal is forgiven or Servicing Advances are reimbursed. Any such reimbursement shall occur during the same calendar month as the Servicing Modification, and, to the extent such Advance or Servicing Advance is forgiven, any such reimbursement will be treated as a Realized Loss which will be incurred on the Distribution Date related to the calendar month during which the Servicing Modification occurred. To the extent Advances and Servicing Advances or other amounts owed the Servicer are capitalized, the related Servicer may reimburse itself from such arrearages on a first priority basis. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the related Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the related Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the related Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee, the related Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the related Custodian, as on its agentbehalf, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the related Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Master Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee (or the Custodian on Custodian, as its behalf or the related Servicer agent) shall provide access to the records and documentation in the possession of the Custodian Trustee (or Custodian, as its agent) regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.. 69
Appears in 1 contract
Master Servicer. The Master Servicer shall, from shall deliver a copy of the Mortgage Loan Schedule to the Servicer and after the Closing Securities Administrator on the Final Servicing Transfer Date. Prior to the Final Servicing Transfer Date, the Master Servicer shall supervise, monitor and oversee the obligation of the Interim Servicers to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Interim Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationadministration subject to the terms of the Interim Servicing Agreement. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, prior to the Final Servicing Transfer Date, the Master Servicer shall oversee and consult with each Servicer the Interim Servicers as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Interim Servicers and shall cause each Servicer the Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer the Interim Servicers under its applicable the Interim Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each Servicer’s the Interim Servicers' servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Interim Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 4.05 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Interim Servicer to the Securities Administrator Master Servicer Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce by the obligations of Interim Servicers. The Securities Administrator shall furnish the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, Interim Servicers and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Interim Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee Securities Administrator shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Interim Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Interim Servicers, as applicable, for any cost, liability or expense incurred by the Securities Administrator in connection with such Person's use or misuse of any such power of attorney. The Securities Administrator and the Master Servicer shall provide access to the records and documentation in the possession of the Custodian Securities Administrator or the Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Securities Administrator or the related Master Servicer; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Securities Administrator or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Securities Administrator and the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s Securities Administrator's or the related Master Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and Interim Servicers or the Master Servicer, Servicer upon written request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable prepared by the Servicer or the Master Servicer to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Asst Back Certs Ser 2003-5sl)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all certain reports, information and other data provided to the Master Servicer by each Servicer and shall cause enforce each Servicer Servicer's obligation to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.046.06 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Master Servicer Collection Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of Except during any Mortgage Loan by a Servicer, if time where the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationacting as servicer hereunder, neither the Master Servicer nor the Securities Administrator shall notify have any responsibility for reviewing or reconciling the Depositor Collection Account or for any expenses or other consequences resulting from any failure of such Servicer’s failure Collection Account to comply with the terms of the Servicing Agreementbe so reconciled. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the The Master Servicer shall approve such modification if, based upon its receipt of written notification from be entitled to conclusively rely on the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish data provided by the Servicers and the Master Servicer, upon written request from a servicing officer, with Depositor and shall have no liability for any powers of attorney and other documents errors in form as provided to it necessary or appropriate to enable the Servicers and such Mortgage Loan data. If the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to Securities Administrator are the Certificateholderssame entity, then at any time the Master Servicer is terminated as master servicer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Securities Administrator shall not likewise be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, removed as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equitysecurities administrator.
Appears in 1 contract
Sources: Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Sl2)
Master Servicer. (a) The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan .
(to the extent it receives notice of such from the related Servicerb) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. .
(c) The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. .
(d) The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Trust Mortgage Pass-Through Certs Ser 2004)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.04 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee or the Custodian, as its agent, respectively, regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; providedPROVIDED, howeverHOWEVER, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity. Notwithstanding the foregoing or any other provision of this Agreement or the Cendant/MLCC Servicing Agreement to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of MLCC or to enforce the obligation of MLCC under the Cendant/MLCC Servicing Agreement with respect to any Additional Collateral or any Surety Bond, including, without limitation, the collection of any amounts owing to the Trust in respect thereof (unless and until the Master Servicer shall have assumed the obligations of MLCC as successor Servicer under such Servicing Agreement pursuant to Section 3.02 hereof, in which case, as successor Servicer, it shall be bound to service and administer the Additional Collateral and the Surety Bond in accordance with the provisions of such Servicing Agreement).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Master Servicer. The Master Servicer shall, from and after the Closing Date, in the case of Select Portfolio and Fremont. supervise, monitor and oversee the obligation obligations of Ocwen under this Agreement and Fremont and Select Portfolio under the Servicers related Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers and Fremont as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and Fremont and shall cause each Servicer the Servicers and Fremont to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Ocwen under its applicable this Agreement or Fremont and Select Portfolio under the Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each Servicer’s the Servicers' and Fremont's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' or Fremont's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers or Fremont to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable by the Servicers and Fremont. Notwithstanding anything to enforce the obligations of the Servicer with respect to such modificationcontrary herein, the Master Servicer shall notify have no obligation to supervise, monitor or oversee the Depositor performance of such Servicer’s failure to comply with Fremont under the terms of the Servicing Agreement. If the Fremont Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from on or after the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsTransfer Date. The Trustee shall furnish the Servicers related Servicer, Fremont and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer, Fremont and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or shall have no responsibility for any action of the Custodian on its behalf or Master Servicer, the related Servicer or Fremont pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the related Servicer or Fremont, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, 103 however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, the Custodian’s 's or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and Servicer, Fremont or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Master Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit O, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.. 72
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1)
Master Servicer. The Master Servicer shall, from and after beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers Company and the related Servicer to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Company and the related Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Company and the related Servicer and shall cause each the Company and related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable this Agreement and the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the Company and the related Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Company's, the related Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Company and each Servicer pursuant to this Agreement and the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the related Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Company, the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Company, the Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or and the related Servicer Securities Administrator shall provide access to the records and documentation in the possession of the Trustee or the Custodian on its behalf or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, neither the Trustee, the Custodian, or Custodian nor the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, the Custodian’s 's or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the Company or the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master NYSotCheEr ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇ ▇▇▇▇▇▇▇▇▇ Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by obligatioRnEs aCnEd IcoVndEitDionsNtoYbSeCpEerFfo:rme1d 0or/o1bs3er/ve2d0b2y 0 such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator Trustee, in the form of Exhibit R attached hereto and as shall be necessary in order for it to prepare the statements specified in Section 6.046.05(a) by 12:00 p.m. CST on the 5th Business Day prior to each Distribution Date, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder; provided, however, in no event shall the Master Servicer be required to provide such information to the Trustee earlier than 12:00 p.m. CST on the 19th calendar day of the month. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing AgreementsAgreement. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in such Mortgage Loan data. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement or this Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, Servicer with any powers of attorney substantially in the form of Exhibit P hereto and upon written request from a servicing officer, with any powers of attorney and Servicing Officer other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall be indemnified by the Master Servicer for any costs, liabilities or expenses incurred by it in connection with such powers of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the related Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Master Servicer Collection Account pursuant to the applicable Servicing Agreements. In addition to If the foregoingMaster Servicer and the Securities Administrator are the same entity, in connection with a modification of then at any Mortgage Loan by a Servicer, if time the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationterminated as Master Servicer, the Master Servicer Securities Administrator shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementslikewise be removed as securities administrator. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s 's or the related Servicer’s Custodian's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A8)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable by the Servicer. Notwithstanding anything to enforce the obligations of the Servicer with respect to such modificationcontrary herein, the Master Servicer shall notify have no obligation to supervise, monitor or oversee the Depositor performance of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsInterim Subservicer. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Trust 2005-He3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition Notwithstanding anything in this Agreement to the foregoingcontrary, in connection with a modification of respect to any Mortgage Loan secured by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationany Additional Collateral, the Master Servicer shall notify have no duty or obligation to supervise, monitor or oversee the Depositor activities of such Servicer’s failure Cendant (or any successor thereto) under any Cendant Servicing Agreements with respect to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, any Additional Collateral (unless the Master Servicer shall approve such modification ifhave assumed the obligations of Cendant (or any successor thereto) as successor Servicer under any Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, based upon its receipt in which event, as successor Servicer, it will service and administer the Additional Collateral in accordance with the provisions of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, Cendant Servicing Agreements. In no event shall the Master Servicer determines that have any duty or obligation to supervise, monitor or oversee the modification is permitted obligations of MLCC as servicer of the Additional Collateral under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Additional Collateral Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Arm Tr 2004 1)
Master Servicer. The Master Servicer shall, from and after beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers related Servicer to service and administer their respective Mortgage Loans in accordance with the terms of this Agreement and the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the related Servicer as necessary from time-to-time to time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the related Servicer and shall cause each the related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer Person under its applicable this Agreement and the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ related Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.06 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator each Servicer pursuant to this Agreement and the applicable related Servicing AgreementsAgreement. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s 's failure to comply with the terms of the related Servicing Agreement or this Agreement. If the related Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the such Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the related Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the such Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the related Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or and the related Servicer Securities Administrator shall provide access to the records and documentation in the possession of the Trustee or the Custodian on its behalf or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, neither the Trustee, the Custodian, or Custodian nor the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the Custodian’s or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized 130 Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer's misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the related Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s the Servicers’ servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.047.03 of the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Indenture Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers related Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Indenture Trustee shall not be liable for the Servicers’ or the Custodian on its behalf Master Servicer’s use or misuse of such powers of attorney, and further provided, that, neither the related Master Servicer nor any Servicer shall without the Indenture Trustee’s written consent, (A) initiate any action in the Indenture Trustee’s name without indicating the Master Servicer or Servicer’s representative capacity or (B) cause the Indenture Trustee to be registered to do business in any state. The Indenture Trustee shall provide access to the records and documentation in the possession of the Custodian Indenture Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerIndenture Trustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Indenture Trustee shall not be required to provide access to such records and documentation to the Noteholders if the provision thereof would violate the legal right to privacy of any Mortgagor. The Indenture Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Indenture Trustee’s, Custodian’s or the related Servicer’s actual costs. The Indenture Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or reasonably desirable to (i) effect the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) take any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Luminent Mortgage Trust 2005-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. Fremont 2006-E Pooling & Servicing Agreement The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it that are necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer’s misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation obligations of Ocwen under this Agreement and IndyMac, SPS and WAMU under the Servicers related Servicing Agreement to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement or the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the related Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such by each Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney in the form set forth on Exhibit D hereto or attached to the related Servicing Agreement, as applicable, and other documents in a form as provided acceptable to it the Trustee, and necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd3)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement and the Interim Servicers under the Interim Servicing Agreements to service and administer their respective the related Mortgage Loans in accordance with the terms of this Agreement and the applicable Interim Servicing Agreements Agreements, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers and the Interim Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and the Interim Servicers and shall cause each Servicer the Servicers and Interim Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement and the Interim Servicing AgreementAgreements. The Master Servicer shall independently and separately monitor each Servicer’s and each Interim Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer’s, each Interim Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer and each Interim Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable by each Servicer and each Interim Servicer. Notwithstanding anything to enforce the obligations of the Servicer with respect to such modificationcontrary herein, the Master Servicer shall notify have no obligation to supervise, monitor or oversee the Depositor of such Servicer’s failure to comply with the terms performance of the Interim Servicers under the Interim Servicing Agreement. If Agreements on or after the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsTransfer Date. The Trustee shall furnish the Servicers related Servicer, the related Interim Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers related Servicer, the related Inteirm Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or shall have no responsibility for any action of the Custodian on its behalf Master Servicer or the related Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, the related Servicer or the related Interim Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer, the related Interim Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Purchase and Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Purchase and Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 4.3 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Purchase and Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided reasonably acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service or master service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer for any cost, liability or expense arising from the misuse thereof by the Master Servicer or the Servicer. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the Custodian’s or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable and, in each case, provided to the Trustee by the Servicer or Master Servicer to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Loan Document or otherwise available at law or equity. The Trustee shall have no responsibility for the willful malfeasance or any wrongful or negligent actions taken by the Master Servicer or the Servicer in respect of any document delivered by the Trustee under this paragraph, and the Trustee shall be indemnified by the Master Servicer or the Servicer, as applicable, for any cost, liability or expense arising from the misuse thereof by the Master Servicer or the Servicer.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s 's or the related Servicer’s Custodian's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (MERRILL LYNCH MORT INV INC MLMI Series 2004-A2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable W▇▇▇▇ Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the W▇▇▇▇ Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the W▇▇▇▇ Fargo Servicing Agreement. If The Grantor Trustee shall furnish the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer’s or the Custodian on its behalf Master Servicer’s use or the related Servicer misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in the possession of the Custodian Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Grantor Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee’s, Custodian’s or the related Servicer’s actual costs. The Grantor Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or reasonably desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 6.04 and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity. Notwithstanding the foregoing or any other provision of this Agreement or the Cendant/MLCC Servicing Agreements to the contrary, the Master Servicer shall have no duty or obligation to supervise, monitor or oversee the activities of MLCC or to enforce the obligation of MLCC under the Cendant/MLCC Servicing Agreements with respect to any Additional Collateral or any Surety Bond, including, without limitation, the collection of any amounts owing to the Trust in respect thereof (unless and until the Master Servicer shall have assumed the obligations of MLCC as successor Servicer under such Servicing Agreement pursuant to Section 3.02 hereof, in which case, as successor Servicer, it shall be bound to service and administer the Additional Collateral and the Surety Bond in accordance with the provisions of such Servicing Agreement).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Trust Administrator pursuant to the applicable Servicing Agreementsthird paragraph of Section 8.01. In addition Notwithstanding any provision of this Agreement to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationcontrary, the Master Servicer shall notify have no duty or obligation to confirm or verify the Depositor of such Servicer’s failure to comply with amounts reported by the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures as Realized Losses with respect to any Determination Date unless the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify have failed the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with Enhanced Review Test for such timeframes and/or other requirementsDetermination Date. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it that are necessary or appropriate to enable the Servicers and Master Servicer to perform its master servicing obligations. The Trustee shall have no responsibility for any action of the Master Servicer pursuant to service any such limited power of attorney and administer shall be indemnified by the related Mortgage Loans and REO PropertyMaster Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with the Master Servicer’s misuse of any such power of attorney. The Trustee or the Custodian on its behalf or the related Master Servicer shall provide access to the records and documentation in the possession of the Custodian Master Servicer regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Master Servicer; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Master Servicer shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Master Servicer shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Master Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-A)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation obligations of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable ▇▇▇▇▇ Fargo Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the ▇▇▇▇▇ Fargo Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related the Mortgage LoanLoans, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04the Grantor Trust Agreement and the Indenture, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable ▇▇▇▇▇ Fargo Servicing AgreementsAgreement. In addition Notwithstanding anything in this Agreement or the ▇▇▇▇▇ Fargo Servicing Agreement to the foregoingcontrary, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable shall have no duty or obligation to supervise, monitor or oversee the activities of the Servicer or enforce the obligations of the Servicer under the ▇▇▇▇▇ Fargo Servicing Agreement with respect to such modificationany Pledged Assets securing any Pledged Asset Loan, including, without limitation, the Master Servicer shall notify the Depositor collection of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect amounts owing to the related Mortgage Loans, Grantor Trust in respect therof. The Grantor Trustee shall furnish the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Grantor Trustee shall not be liable for the Servicer's or the Custodian on its behalf Master Servicer's use or the related Servicer misuse of such powers of attorney. The Grantor Trustee shall provide access to the records and documentation in the possession of the Custodian Grantor Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the CertificateholdersNoteholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Grantor Trustee, the Custodian, or the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Grantor Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Grantor Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Grantor Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable based on the requesting party, any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or reasonably desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)
Master Servicer. (a) The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its the applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition Notwithstanding anything in this Agreement to the foregoingcontrary, in connection with a modification of respect to any Mortgage Loan secured by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationany Additional Collateral, the Master Servicer shall notify have no duty of obligation to supervise, monitor or oversee the Depositor activities of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Cendant (or any successor thereto) under any Cendant Servicing Agreement requires the approval of the Master Servicer for a modification with respect to a Mortgage Loan, any Additional Collateral (unless the Master Servicer shall approve such modification if, based upon its receipt have assumed the obligations of written notification from the related Cendant (or any successor thereto) as successor Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the applicable Cendant Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and that any conditions to such modification set forth in administer the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded Additional Collateral in accordance with any timeframes and any other requirements set forth in the provisions of such Cendant Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. .
(b) The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. .
(c) The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. .
(d) The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 6)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and the Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Servicer pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.obtain
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Prime Mortgage Trust 2004-2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of ▇▇▇▇▇ Fargo under this Agreement and GMAC under the Servicers Servicing Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement or the applicable Servicing Agreements Agreement, as applicable, and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer the Servicers to perform and observe the covenants, obligations and conditions to be performed or observed by such the related Servicer under its applicable this Agreement or the Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such by each Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers each Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers each Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (MortgageIT Securities Corp. Mortgage Loan Trust, Series 2007-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under the its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, MBIA, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Mort Pass THR Certs Ser 2003-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer and Fremont to service and administer their respective the Mortgage Loans in accordance with the terms of this Agreement and the applicable Fremont Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer and Fremont as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and Fremont and shall cause each the Servicer and Fremont to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer and Fremont under its applicable this Agreement and the Fremont Servicing Agreement, as applicable. The Master Servicer shall independently and separately monitor each the Servicer’s 's and Fremont's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's, Fremont's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of by the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsFremont. The Trustee shall furnish the Servicers Servicer, Fremont and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer, Fremont and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no responsibility for any action of the Master Servicer, Fremont or the Custodian on its behalf Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer, Fremont or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person's misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s's, the Custodian’s 's or the related Servicer’s Securities Administrator's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and Servicer, Fremont or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Fm2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, MBIA the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Prime Mortgage Trust 2003 2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicers under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer the Servicers as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer the Servicers and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ each Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers each Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such by each Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicers pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodians and the Securities Administrator shall provide access to the records and documentation in the possession of the Custodian Trustee, the Custodians or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the Certificate Insurer, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee, the Custodians or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodians or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodians and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s the Custodians’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl2)
Master Servicer. The Master Servicer shall, from and after the Closing Date, Date supervise, monitor and oversee the obligation obligations of the Servicers Servicer under this Agreement to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements this Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, 5.03 and prepare any other information and statements required to be forwarded provided by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Distribution Account pursuant to the applicable Servicing Agreements. In addition terms hereof based on information provided to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce by the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided acceptable to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO PropertyProperties. The Trustee shall have no responsibility for any action of the Master Servicer or the Custodian on its behalf Servicer pursuant to any such limited power of attorney and shall be indemnified by the Master Servicer or the related Servicer Servicer, as applicable, for any cost, liability or expense incurred by the Trustee in connection with such Person’s misuse of any such power of attorney. The Trustee, the Custodian and the Securities Administrator shall provide access to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Class A Certificate Insurer, the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or Trustee, the Custodian, as its agent, or Custodian and the related Servicer, Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the Custodian’s ’ or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentany other Mortgage Loan Document; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument any other Mortgage Loan Document or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)
Master Servicer. (a) The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable GreenPoint Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable the GreenPoint Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the GreenPoint Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan .
(to the extent it receives notice of such from the related Servicerb) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. .
(c) The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. .
(d) The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns BSALTA 2005-1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable the Servicing Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer's and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers Servicer and the Master Servicer, upon written request from a servicing officer, Servicer with any limited powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers Servicer and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee shall have no liability with respect to the use of any such limited power of attorney. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Trustee or the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian Trustee or the related ServicerCustodian; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, Trustee or the related Servicer, Custodian shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s 's or the related Servicer’s Custodian's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer upon request any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc MLMI Series 2004-A4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant Master Servicer. Notwithstanding anything in this Agreement to the applicable Servicing Agreements. In addition contrary, with respect to the foregoing, in connection with a modification of any Mortgage Loan secured by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modificationany Additional Collateral, the Master Servicer shall notify have no duty of obligation to supervise, monitor or oversee the Depositor activities of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the PHH (or any successor thereto) under any PHH Servicing Agreement requires the approval of the Master Servicer for a modification with respect to a Mortgage Loan, any Additional Collateral (unless the Master Servicer shall approve such modification if, based upon its receipt have assumed the obligations of written notification from the related PHH (or any successor thereto) as successor Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the applicable PHH Servicing Agreement pursuant to Section 3.03 of this Agreement, in which event, as successor Servicer, it will service and that any conditions to such modification set forth in administer the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded Additional Collateral in accordance with any timeframes and any other requirements set forth in the provisions of such PHH Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements). The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-5)
Master Servicer. The Master Servicer shall, from and after the Closing Date, supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator Protected Account pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2004-10)
Master Servicer. The Master Servicer shall, from and after beginning on the Closing Date, supervise, monitor and oversee the obligation of the Servicers related Servicer to service and administer their respective the related Mortgage Loans in accordance with the terms of the applicable related Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administrationservicing. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the related Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, receive and review and evaluate all certain reports, information and other data provided to the Master Servicer by each the related Servicer and shall cause each enforce the obligations, conditions, covenants, representations and warranties of the related Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable extent set forth in the related Servicing Agreement. The Master Servicer shall independently and separately monitor each the related Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided described in the previous sentence and received by the Master Servicer on a monthly basis and coordinate corrective adjustments to the Servicers’ related Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers related Servicer to the Securities Administrator pursuant to the applicable related Servicing AgreementsAgreement. The Master Servicer shall be entitled to conclusively rely on the related Mortgage Loan data provided by the related Servicer and shall have no liability for any errors in such Mortgage Loan data. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the related Servicing Agreement. If the related Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The related Servicer, the Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer Securities Administrator shall provide access to the records and documentation in the possession of the Custodian related Servicer, the Trustee or the Securities Administrator regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian related Servicer, the Trustee or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or neither the related Servicer, the Trustee nor the Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, the Trustee and the Securities Administrator shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trusteerelated Servicer’s, Custodianthe Trustee’s or the related ServicerSecurities Administrator’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and or the Master Servicer, as applicable, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrumentsecurity instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument security instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Im1)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers Servicer to service and administer their respective the Mortgage Loans in accordance with the terms of the applicable Servicing Agreements Agreement and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each the Servicer as necessary from time-to-time to carry out the Master Servicer’s obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each the Servicer and shall cause each the Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such the Servicer under its applicable Servicing this Agreement. The Master Servicer shall independently and separately monitor each the Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ Servicer’s and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers Servicer to the Distribution Account pursuant to the terms hereof based on information provided to the Master Servicer by the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification third paragraph of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirementsSection 9.01. The Trustee shall furnish provide access and shall cause the Servicers Custodian to provide access and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer Securities Administrator shall provide access access, in each case to the records and documentation in the possession of the Trustee, the Custodian or the Securities Administrator, as the case may be, regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Trustee, the Custodian or the related ServicerSecurities Administrator; provided, however, that, unless otherwise required by law, none of the Trustee, the Custodian, Custodian or the related Servicer, Securities Administrator shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities and shall cause the Custodian to allow representatives of the above entities and the Securities Administrator shall allow representatives of the above entities, in each case to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, the Custodian’s or the related Servicer’s Securities Administrator’s, as the case may be, actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-4)
Master Servicer. The Master Servicer shall, from and after the Closing Date, shall supervise, monitor and oversee the obligation of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunder, the Master Servicer shall act in a manner consistent with Accepted Master Servicing Practices. Furthermore, the Master Servicer shall oversee and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s 's obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to the Master Servicer by each Servicer and shall cause each Servicer to perform and observe the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreement. The Master Servicer shall independently and separately monitor each Servicer’s 's servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ ' and Master Servicer’s 's records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers as reported to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Master Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, Servicer with any powers of attorney attorney, in substantially the form attached hereto as Exhibit K, and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian Trustee regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related ServicerTrustee; provided, however, that, unless otherwise required by law, the Trustee, the Custodian, or the related Servicer, Trustee shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s 's actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, Servicer any court pleadings, requests for trustee’s 's sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s 's sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equity.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-9)
Master Servicer. The Master Servicer shallhereby agrees that, from and after the Closing Date, supervise, monitor and oversee the obligation upon its receipt of the Servicers to service and administer their respective Mortgage Loans in accordance with the terms of the applicable Servicing Agreements and shall have full power and authority to do any and all things which it may deem necessary or desirable in connection with such master servicing and administration. In performing its obligations hereunderMaster Servicer Extension Notice, the Master Servicer shall act in a manner consistent with Accepted become bound for the duration of the term covered by such Master Servicing Practices. Furthermore, Servicer Extension Notice to continue as the Master Servicer subject to and in accordance with the other provisions of this Agreement; PROVIDED, that nothing herein shall oversee prohibit the Note Insurer or the Indenture Trustee from thereafter removing the Master Servicer pursuant to this Section 6.01 or any other provision of this Agreement. The Indenture Trustee agrees that if as of the fifteenth (15) day prior to the last day of any term of the Master Servicer the Indenture Trustee shall not have received any Master Servicer Extension Notice from the Note Insurer, the Indenture Trustee will within five (5) days thereafter, give written notice of such non-receipt to the Note Insurer and consult with each Servicer as necessary from time-to-time to carry out the Master Servicer’s . The failure of the Note Insurer to deliver a Master Servicer Extension Notice by the end of a calendar term shall result in the termination of the Master Servicer. The foregoing provisions of this paragraph shall not apply to the Indenture Trustee in the event the Indenture Trustee succeeds to the rights and obligations hereunder, shall receive, review and evaluate all reports, information and other data provided to of the Master Servicer by each Servicer and the Indenture Trustee shall cause each Servicer continue in such capacity until the earlier of the termination of this Agreement pursuant to perform and observe Section 7.08 or the covenants, obligations and conditions to be performed or observed by such Servicer under its applicable Servicing Agreementappointment of a successor master servicer. The Master Servicer shall independently and separately monitor each Servicer’s servicing activities with respect to each related Mortgage Loan, reconcile the results of such monitoring with such information provided in the previous sentence on a monthly basis and coordinate corrective adjustments to the Servicers’ and Master Servicer’s records, and based on such reconciled and corrected information, the Master Servicer shall provide such information to the Securities Administrator as shall be necessary in order for it to prepare the statements specified in Section 6.04, and prepare any other information and statements required to be forwarded by the Master Servicer hereunder. The Master Servicer shall reconcile the results of its Mortgage Loan monitoring with the actual remittances of the Servicers to the Securities Administrator pursuant to the applicable Servicing Agreements. In addition to the foregoing, in connection with a modification of any Mortgage Loan by a Servicer, if the Master Servicer is unable to enforce the obligations of the Servicer with respect to such modification, the Master Servicer shall immediately notify the Depositor of such Servicer’s failure to comply with the terms of the Servicing Agreement. If the Servicing Agreement requires the approval of the Master Servicer for a modification to a Mortgage Loan, the Master Servicer shall approve such modification if, based upon its receipt of written notification from the related Servicer outlining the terms of such modification and appropriate supporting documentation, the Master Servicer determines that the modification is permitted under the terms of the Servicing Agreement and that any conditions to such modification set forth in the Servicing Agreement have been satisfied. Furthermore, if the Servicing Agreement requires the oversight and monitoring of loss mitigation measures with respect to the related Mortgage Loans, the Master Servicer will monitor any loss mitigation procedure or recovery action related to a defaulted Mortgage Loan (to the extent it receives notice of such from the related Servicer) and confirm that such loss mitigation procedure or recovery action is initiated, conducted and concluded in accordance with any timeframes and any other requirements set forth in the Servicing Agreement, and the Master Servicer shall notify the Depositor in any case in which the Master Servicer believes that the related Servicer is not complying with such timeframes and/or other requirements. The Trustee shall furnish the Servicers and the Master Servicer, upon written request from a servicing officer, with any powers of attorney and other documents in form as provided to it necessary or appropriate to enable the Servicers and the Master Servicer to service and administer the related Mortgage Loans and REO Property. The Trustee or the Custodian on its behalf or the related Servicer shall provide access to the records and documentation in the possession of the Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the Custodian or the related Servicer; provided, however, that, unless otherwise required by law, the Indenture Trustee, the Custodian, or Note Insurer and the related Servicer, shall not be required to provide access to such records and documentation if the provision thereof would violate the legal right to privacy Owner Trustee in writing of any Mortgagor. The Trustee or the Custodian, as its agent, or the related Servicer, shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at a charge that covers the Trustee’s, Custodian’s or the related Servicer’s actual costs. The Trustee shall execute upon the related Servicer’s written instruction (which includes the documents to be signed) and deliver to the related Servicer and the Master Servicer, any court pleadings, requests for trustee’s sale or other appropriate documents necessary or desirable to (i) the foreclosure or trustee’s sale with respect to a Mortgaged Property; (ii) any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Security Instrument; (iii) obtain a deficiency judgment against the Mortgagor; or (iv) enforce any other rights or remedies provided by the Mortgage Note or Security Instrument or otherwise available at law or equityServicing Default.
Appears in 1 contract
Sources: Servicing Agreement (Merrill Lynch Mortgage Investors Inc)