Common use of Monitoring of Servicer Clause in Contracts

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the compliance by the Servicer with its duties, itself or undertaken through the Subservicer, under the Servicing Agreement. In the review of the Servicer’s and the Subservicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s or the Subservicer’s compliance with the terms of the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the Servicing Agreement, or that a notice should be sent pursuant to the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Peoples Choice Home Loan Securities Corp), Sale and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2), Sale and Servicing Agreement (Peoples Choice Home Loan Securities Corp)

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Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the compliance by the Servicer with its duties, itself or undertaken through the Subservicer, duties under the MortgageIT Servicing Agreement. In the review of the Servicer’s and the Subservicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the such Servicer’s or the Subservicer’s compliance with the terms of the MortgageIT Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the MortgageIT Servicing Agreement, or that a notice should be sent pursuant to the MortgageIT Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the compliance by the Servicer with its duties, itself or undertaken through the Subservicer, duties under the MortgageIT Servicing Agreement. In the review of the Servicer’s and the Subservicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the such Servicer’s or the Subservicer’s 's compliance with the terms of the MortgageIT Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the MortgageIT Servicing Agreement, or that a notice should be sent pursuant to the MortgageIT Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (MortgageIT Trust 2004-1), Sale and Servicing Agreement (Mortgageit Trust 2004-2, Mortgage-Backed Notes, Series 2004-2), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-1, Mortgage-Backed Notes, Series 2005-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the IssuerIssuing Entity, the Indenture Trustee and the Depositor the compliance by the Servicer with its duties, itself or undertaken through the Subservicer, duties under the Servicing Agreement. In the review of the Servicer’s and the Subservicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the such Servicer’s or the Subservicer’s compliance with the terms of the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the Servicing Agreement, or that a notice should be sent pursuant to the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer Issuing Entity and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 3 contracts

Samples: Master Servicing Agreement (American Home Mortgage Investment Trust 2006-3), Master Servicing Agreement (American Home Mortgage Investment Trust 2007-2), Master Servicing Agreement (American Home Mortgage Investment Trust 2007-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the IssuerIssuing Entity, the Indenture Trustee and the Depositor the non-compliance by the Servicer with its duties, itself or undertaken through the Subservicer, duties under the Xxxxx Fargo Servicing Agreement. In the review of the Servicer’s and the Subservicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s or the Subservicer’s compliance with the terms of the Xxxxx Fargo Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the Xxxxx Fargo Servicing Agreement, or that a notice should be sent pursuant to the Xxxxx Fargo Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer Issuing Entity and the Indenture Trustee thereof and thereof. Pursuant to its receipt of such written notification from the Master Servicer Servicer, the Indenture Trustee shall issue such notice of termination to the Servicer or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Bear Stearns ARM Trust 2006-1)

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Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the any non-compliance by the Servicer with its duties, itself or undertaken through the Subservicer, Subservicer under the Servicing Agreement. In the review of the Servicer’s and the Subservicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s or the Subservicer’s compliance with the terms of the Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the Servicing Agreement, Agreement or that a notice should be sent pursuant to the Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer Depositor and the Indenture Trustee thereof thereof, and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the compliance by the each Servicer with its duties, itself or undertaken through the Subservicer, duties under the Wxxxx Fargo Servicing Agreement. In the review of the Servicer’s and the Subservicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the Servicer’s or the Subservicer’s compliance with the terms of the Wxxxx Fargo Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the a Servicer should be terminated in accordance with the Wxxxx Fargo Servicing Agreement, or that a notice should be sent pursuant to the Wxxxx Fargo Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-9)

Monitoring of Servicer. (a) The Master Servicer shall be responsible for reporting to the Issuer, the Indenture Trustee and the Depositor the compliance by the Servicer with its duties, itself or undertaken through the Subservicer, duties under the AHM Servicing Agreement. In the review of the Servicer’s and the Subservicer’s 's activities, the Master Servicer may rely upon an officer’s 's certificate of the Servicer (or similar document signed by an officer of the Servicer) with regard to the such Servicer’s or the Subservicer’s 's compliance with the terms of the AHM Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the AHM Servicing Agreement, or that a notice should be sent pursuant to the AHM Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Issuer and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

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