Common use of POSSESSION OF COLLATERAL; STANDARD OF CARE Clause in Contracts

POSSESSION OF COLLATERAL; STANDARD OF CARE. The Agent shall exercise reasonable care in the custody and preservation of the Collateral, shall keep the documents delivered to it in connection with Pledged Mortgage Loans at a facility protected against fire and shall keep the Collateral separate from similar collateral furnished by third parties. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Company requests in writing, but failure of the Agent to comply with any such request shall not itself be deemed a failure to exercise reasonable care, and no failure of the Agent to preserve or protect any rights with respect to such Collateral not so requested by the Company shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral. The Agent shall also be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Agent accords its own property of like kind.

POSSESSION OF COLLATERAL; STANDARD OF CARE. The Agent Lender shall exercise reasonable care in the custody and preservation of the Collateral. As between Borrower and Lender, shall keep the documents delivered to it in connection with Pledged Mortgage Loans at a facility protected against fire and shall keep the Collateral separate from similar collateral furnished by third parties. The Agent Lender shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Company Borrower requests in writing, but failure of the Agent Lender to comply with any such request shall not itself be deemed a failure to exercise reasonable care, and no failure of the Agent Lender to preserve or protect any rights with respect to such Collateral not so requested by the Company Borrower shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral. The Agent Lender shall also be deemed to have exercised reasonable care in the custody and preservation safekeeping of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that the safekeeping which the Agent Lender accords to its own property of like kind.. 8.4

POSSESSION OF COLLATERAL; STANDARD OF CARE. The Agent shall exercise reasonable care in the custody and preservation of the Collateral, shall keep the documents delivered to it in connection with Pledged Mortgage Loans at a facility protected against fire and shall keep the Collateral separate from similar collateral furnished by third parties. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Company Borrower requests in writing, but failure of the Agent to comply with any such request shall not itself be deemed a failure to exercise reasonable care, and no failure of the Agent to preserve or protect any rights with respect to such Collateral not so requested by the Company Borrower shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral. The Agent shall also be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Agent accords its own property of like kind. The Agent agrees to maintain its status as a "Member" of MERSCORP as defined in the MERS Agreements so long as this Agreement is in effect.

POSSESSION OF COLLATERAL; STANDARD OF CARE. The Collateral Agent shall exercise reasonable care in the custody and preservation of the Collateral, shall keep the documents delivered to it in connection with Pledged Mortgage Loans at a facility protected against fire Collateral and shall keep the Collateral separate from similar collateral furnished by third parties. The As between the Pledgor and the Collateral Agent, the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Company Pledgor requests in writing, but failure of the Collateral Agent to comply with any such request shall not itself be deemed a failure to exercise reasonable care, and no failure of the Collateral Agent to preserve or protect any rights with respect to such Collateral not so requested by the Company Pledgor shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral. The Collateral Agent shall also be deemed to have exercised reasonable care in the custody and preservation safekeeping of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that the safekeeping which the Collateral Agent accords to its own property of like kind.

POSSESSION OF COLLATERAL; STANDARD OF CARE. The Agent shall exercise reasonable care in the custody and preservation of the Collateral, shall keep the documents delivered to it in connection with Pledged Mortgage Loans at a facility protected against fire and shall keep the Collateral separate from similar collateral furnished by third parties. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Company Borrower requests in writing, but failure of the Agent to comply with any such request shall not itself be deemed a failure to exercise reasonable care, and no failure of the Agent to preserve or protect any rights with respect to such Collateral not so requested by the Company Borrower shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral. The Agent shall also be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Agent accords its own property of like kind. The Agent agrees to maintain its status as a “Member” of MERSCORP as defined in the MERS Agreements so long as this Agreement is in effect.