Common use of Modification Agreements Clause in Contracts

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 24 contracts

Samples: Servicing Agreement (Ab Mortgage Securities Corp), Servicing Agreement (Shellpoint Mortgage Acceptance LLC), Servicing Agreement (Long Beach Securities Corp)

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Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (Aa) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the related Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (Bb) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related such Mortgaged Property Properties or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage LoanLoans, that the security for, and the timely and full collectability of, such Mortgage Loan Loans would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio CLTV for such the related Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio CLTV for such Mortgage Loan as of the related Cut-Off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 16 contracts

Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He1), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He1), Servicing Agreement (Phoenix Residential Securities, LLC)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Servicer or the related Subservicer Sub servicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 10 contracts

Samples: Servicing Agreement (National City Mortgage Capital LLC), Servicing Agreement (Namco Securities Corp), Servicing Agreement (DLJ Mortgage Acceptance Corp)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, modification agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, in each case if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 10 contracts

Samples: Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Servicing Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23), Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp)

Modification Agreements. (a) The Servicer or the related Subservicer, as the case may be, shall be entitled to (Aa) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the related Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (Bb) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related such Mortgaged Property Properties or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage LoanLoans, that the security for, and the timely and full collectability of, such Mortgage Loan Loans would not be adversely affected thereby. A partial release pursuant to this Section 3.05 3.06 shall be permitted only if the Combined Loan-to-Value Ratio CLTV for such the related Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio CLTV for such Mortgage Loan as of the Cut-Off Date or related Subsequent Cut-Off Date, as applicable. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 8 contracts

Samples: Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Servicing Agreement (Wachovia Asset Funding Trust, LLC), Servicing Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company Depositor shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 6 contracts

Samples: Servicing Agreement (Opteum Mortgage Acceptance CORP), Servicing Agreement (American Home Mortgage Assets LLC), Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (Aa) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the related Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (Bb) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related such Mortgaged Property Properties or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage LoanLoans, that the security for, and the timely and full collectability of, such Mortgage Loan Loans would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio CLTV for such the related Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio CLTV for such Mortgage Loan as of the related Cut-Off Date, and provided further that the Servicer and the Enhancer have received an Opinion of Counsel to the effect that such partial release will not result in an Adverse REMIC Event. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 5 contracts

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He5), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3), Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, modification agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company Issuing Entity and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, in each case if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 4 contracts

Samples: Servicing Agreement (Deutsche Mortgage Securities Inc), Servicing Agreement (Nomura Home Equity Loan, Inc.), Servicing Agreement (Nomura Asset Acceptance Corp)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, modification agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, in each case if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant , and provided further that, in the case of a Group 2 Loan, the Servicer shall have received an Opinion of Counsel to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after effect that such partial release does will not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Dateresult in an Adverse REMIC Event. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 2 contracts

Samples: Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-B)

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Modification Agreements. (a) The Servicer or the related Subservicer, as the case may be, shall be entitled to (Aa) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the related Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (Bb) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related such Mortgaged Property Properties or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage LoanLoans, that the security for, and the timely and full collectability of, such Mortgage Loan Loans would not be adversely affected thereby. A partial release pursuant to this Section 3.05 3.06 shall be permitted only if the Combined Loan-to-Value Ratio CLTV for such the related Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio CLTV for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 1 contract

Samples: Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company Depositor shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Servicer or the related Subservicer Sub servicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 1 contract

Samples: Servicing Agreement (Impac Secured Assets Corp)

Modification Agreements. The Master Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company Depositor shall promptly execute any such documents on request of the Master Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Master Servicer or the related Subservicer for processing such request will be retained by the Master Servicer or such Subservicer as additional servicing compensation.

Appears in 1 contract

Samples: Servicing Agreement (MortgageIT Securities Corp.)

Modification Agreements. The Master Servicer or the related Subservicer, as the case may be, shall be entitled to (Aa) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the related Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Master Servicer) and (Bb) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related such Mortgaged Property Properties or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage LoanLoans, that the security for, and the timely and full collectability of, such Mortgage Loan Loans would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio CLTV for such the related Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio CLTV for such Mortgage Loan as of the related Cut-Off Date. Any fee collected by the Master Servicer or the related Subservicer for processing such request will be retained by the Master Servicer or such Subservicer as additional servicing compensation.

Appears in 1 contract

Samples: Master Servicing Agreement (BellaVista Finance CORP)

Modification Agreements. The Servicer or the related Subservicer, as the case may be, shall be entitled to (Aa) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the related Mortgaged Properties subject to the Mortgages (and the Company Issuer and the Indenture Trustee each shall promptly execute any such documents on request of the Servicer) and (Bb) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related such Mortgaged Property Properties or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage LoanLoans, that the security for, and the timely and full collectability of, such Mortgage Loan Loans would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio CLTV for such the related Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio CLTV for such Mortgage Loan as of the related Cut-Off Date, and provided further that the Servicer has received an Opinion of Counsel to the effect that such partial release will not result in an Adverse REMIC Event. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

Appears in 1 contract

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He3)

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