Common use of Solicitations Clause in Contracts

Solicitations. The Servicer shall not take any action or cause any action to be taken by any of its employees, agents or Affiliates, or by any independent contractors acting on the Servicer’s behalf, to solicit any borrower in any manner whatsoever, including but not limited to, soliciting a borrower to prepay or refinance a Mortgage Loan. Furthermore, neither the Servicer nor any of its Affiliates shall directly or indirectly provide information to any third party for purposes of soliciting the borrowers related to the Mortgage Loans. It is understood that promotions undertaken by the Servicer or its Affiliates which are directed to the general public at large (i.e., newspaper advertisements, radio or T.V. ads, etc.) and not specifically directed to the borrowers related to the Mortgage Loans shall not constitute a breach of this Section 3.27. From and after the Closing Date, Servicer hereby agrees that Servicer will not take any action or cause any action to be taken by any of its agents or Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer’s behalf, to personally, by telephone or mail, solicit the borrower under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that Servicer may solicit any borrower for whom Servicer has received a request for verification of mortgage, a request for demand for payoff, a borrower initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the borrower initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which concern optional insurance products or other additional products shall not constitute solicitation nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a borrower or an agent of a borrower. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any Affiliate of the Servicer, shall not be prohibited: (i) solicitations or promotions that are directed to the general public at large, including, without limitation, mass mailings based on mailing lists and newspaper, radio, television and other mass media advertisements and (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to borrowers; provided, however, that similar messages and inserts are sent to all other borrowers of similar type mortgage loans serviced by the Servicer and such Affiliates, including, but not limited to, those mortgage loans serviced for the Servicer’s and/or such Affiliates own account; and (iii) solicitations made as a part of a campaign directed to borrowers with mortgage loans meeting certain defined parameters (other than parameters relating to the borrowers or the Mortgage Loans specifically), provided, that such solicitations are made to all borrowers of mortgage loans serviced by the Servicer and such Affiliates with respect to mortgage loans meeting such defined parameters, including, but not limited to, those mortgage loans serviced for the Servicer’s and/or such Affiliates own account. ARTICLE IIIA ADMINISTRATION AND SERVICING OF THE MORTGAGE LOANS

Solicitations. The Servicer shall not take any action or cause any action to be taken by any of its employees, agents or Affiliates, or by any independent contractors acting on the Servicer’s behalf, to solicit any borrower in any manner whatsoever, including but not limited to, soliciting a borrower to prepay or refinance a Mortgage Loan. Furthermore, neither the Servicer nor any of its Affiliates shall directly or indirectly provide information to any third party for purposes of soliciting the borrowers related to the Mortgage Loans. It is understood that promotions undertaken by the Servicer or its Affiliates which are directed to the general public at large (i.e., newspaper advertisements, radio or T.V. ads, etc.) and not specifically directed to the borrowers related to the Mortgage Loans shall not constitute a breach of this Section 3.27. From and after the Closing Date, Servicer hereby agrees that Servicer will not take any action or permit or cause any action to be taken by any of its agents or Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer’s behalf, to personally, by telephone or mail, solicit the borrower under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that Servicer may solicit any borrower for whom Servicer has received a request for verification of mortgage, a request for demand for payoff, a borrower initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the borrower initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which concern optional insurance products or other additional products shall not constitute solicitation nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a borrower or an agent of a borrower. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any Affiliate of the Servicer, shall not be prohibited: (i) solicitations or promotions that are directed to the general public at large, including, without limitation, mass mailings based on mailing lists and newspaper, radio, television and other mass media advertisements and (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to borrowers; provided, however, that similar messages and inserts are sent to all other borrowers of similar type mortgage loans serviced by the Servicer and such Affiliates, including, but not limited to, those mortgage loans serviced for the Servicer’s and/or such Affiliates own account; and (iii) solicitations made as a part of a campaign directed to borrowers with mortgage loans meeting certain defined parameters (other than parameters relating to the borrowers or the Mortgage Loans specifically), provided, that such solicitations are made to all borrowers of mortgage loans serviced by the Servicer and such Affiliates with respect to mortgage loans meeting such defined parameters, including, but not limited to, those mortgage loans serviced for the Servicer’s and/or such Affiliates own account. ARTICLE IIIA ADMINISTRATION AND SERVICING OF THE MORTGAGE LOANS.

Solicitations. The Servicer shall not take any action or cause any action to be taken by any of its employees, agents or Affiliates, or by any independent contractors acting on the Servicer’s behalf, to solicit any borrower in any manner whatsoever, including but not limited to, soliciting a borrower to prepay or refinance a Mortgage Loan. Furthermore, neither the Servicer nor any of its Affiliates shall directly or indirectly provide information to any third party for purposes of soliciting the borrowers related to the Mortgage Loans. It is understood that promotions undertaken by the Servicer or its Affiliates which are directed to the general public at large (i.e., newspaper advertisements, radio or T.V. ads, etc.) and not specifically directed to the borrowers related to the Mortgage Loans shall not constitute a breach of this Section 3.27. From and after the Closing Date, Servicer hereby agrees that Servicer will not take any action or cause any action to be taken by any of its agents or Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer’s behalf, to personally, by telephone or mail, solicit the borrower under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that Servicer may solicit any borrower for whom Servicer has received a request for verification of mortgage, a request for demand for payoff, a borrower initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, or the borrower initiates a title search, provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its affiliates which concern optional insurance products or other additional products shall not constitute solicitation nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a borrower or an agent of a borrower. Notwithstanding the foregoing, the following solicitations, if undertaken by the Servicer or any Affiliate of the Servicer, shall not be prohibited: (i) solicitations or promotions that are directed to the general public at large, including, without limitation, mass mailings based on mailing lists and newspaper, radio, television and other mass media advertisements and (ii) borrower messages included on, and statement inserts provided with, the monthly statements sent to borrowers; provided, however, that similar messages and inserts are sent to all other borrowers of similar type mortgage loans serviced by the Servicer and such Affiliates, including, but not limited to, those mortgage loans serviced for the Servicer’s and/or such Affiliates own account; and (iii) solicitations made as a part of a campaign directed to borrowers with mortgage loans meeting certain defined parameters (other than parameters relating to the borrowers or the Mortgage Loans specifically), provided, that such solicitations are made to all borrowers of mortgage loans serviced by the Servicer and such Affiliates with respect to mortgage loans meeting such defined parameters, including, but not limited to, those mortgage loans serviced for the Servicer’s and/or such Affiliates own account. Notwithstanding the foregoing, (a) with respect to any Fixed-Rate Mortgage Loan, Option One Mortgage Corporation as Servicer may solicit the Mortgagor for the purpose of refinancing such Mortgage Loan, beginning sixty (60) days prior to the later of (i) the expiration of the related Prepayment Charge term, if applicable, and (ii) twenty-four (24) months following origination of such Mortgage Loan, and (b) with respect to any Adjustable-Rate Mortgage Loan, Option One Mortgage Corporation as Servicer as may solicit the Mortgagor for the purpose of refinancing such Mortgage Loan, beginning sixty (60) days prior to the later of (i) the expiration of the related Prepayment Charge term, if applicable, and (ii) the expiration of any applicable fixed rate period. ARTICLE IIIA ADMINISTRATION AND SERVICING OF THE MORTGAGE LOANS