Successor Subservicers. The Master Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Master Servicer or the Subservicer, the Master Servicer shall either act as servicer of the related Mortgage Loan or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreement. If the Master Servicer or any Affiliate of Residential Funding acts as servicer, it will not assume liability for the representations and warranties of the Subservicer which it replaces. If the Master Servicer enters into a Subservicing Agreement with a successor Subservicer, the Master Servicer shall use reasonable efforts to have the successor Subservicer assume liability for the representations and warranties made by the terminated Subservicer in respect of the related Mortgage Loans and, in the event of any such assumption by the successor Subservicer, the Master Servicer may, in the exercise of its business judgment, release the terminated Subservicer from liability for such representations and warranties.
Successor Subservicers. Section 3.04
Successor Subservicers. 44 Section 3.04 Liability of the Master Servicer......................................44 Section 3.05 No Contractual Relationship Between Subservicer and Trustee or Certificateholders....................................................45 Section 3.06 Assumption or Termination of Subservicing Agreements by Trustee.......45
Successor Subservicers. (See Section 3.03 of the Standard Terms)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall either act as servicer of the related Mortgage Loan or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreement.
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement and the rights and obligations of any Subservicer pursuant to any Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement. In the event of termination of any Subservicer, all servicing obligations of such Subservicer shall be assumed simultaneously by the Servicer without any act or deed on the part of such Subservicer or the Servicer, and the Servicer either shall service directly the related Mortgage Loans or shall enter into a Subservicing Agreement with a successor Subservicer which qualifies under Section 3.02. Any Subservicing Agreement shall include the provision that such agreement may be immediately terminated by the Depositor or the Trustee without fee, in accordance with the terms of this Agreement, in the event that the Servicer shall, for any reason, no longer be the Servicer (including termination due to an Event of Default).
Successor Subservicers. 47 Section 3.04. Liability of the Master Servicer.....................................48 Section 3.05. No Contractual Relationship Between Subservicer and Trustee or Certificateholders..........................................................48 Section 3.06. Assumption or Termination of Subservicing Agreements by Trustee........ 48 Section 3.07. Collection of Certain Mortgage Loan Payments; Deposits to Custodial Account...........................................................49 Section 3.08. Subservicing Accounts; Servicing Accounts............................51 Section 3.09. Access to Certain Documentation and Information Regarding the Mortgage Loans..............................................................53 Section 3.10. Permitted Withdrawals from the Custodial Account.....................53
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement and the rights and obligations of any Subservicer pursuant to any Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement; provided, however, that the termination, resignation or removal of a Subservicer shall be not be effective until 30 days after written notice is received by both the Depositor and the Trustee that contains all information reasonably necessary to enable the Trustee, pursuant to Section 8.12(g), to accurately and timely report the event under Item 6.02 of Form 8-K pursuant to the Exchange Act (if such reports under the Exchange Act are required to be filed under the Exchange Act). In the event of termination of any Subservicer, all servicing obligations of such Subservicer shall be assumed simultaneously by the Servicer without any act or deed on the part of such Subservicer or the Servicer, and the Servicer either shall service directly the related Mortgage Loans or shall enter into a Subservicing Agreement with a successor Subservicer which qualifies under Section 3.02. Any Subservicing Agreement shall include the provision that such agreement may be immediately terminated by the Depositor or the Trustee without fee, in accordance with the terms of this Agreement, in the event that the Servicer shall, for any reason, no longer be the Servicer (including termination due to an Event of Default).
Successor Subservicers. 46 Section 3.04. Liability of the Master Servicer.....................................47 Section 3.05. No Contractual Relationship Between Subservicer and Trustee or Certificateholders..........................................................47 Section 3.06. Assumption or Termination of Subservicing Agreements by Trustee..... 47 Section 3.07. Collection of Certain Mortgage Loan Payments; Deposits to Custodial Account 48 Section 3.08. Subservicing Accounts; Servicing Accounts............................50 Section 3.09. Access to Certain Documentation and Information Regarding the Mortgage Loans ....................................................52 Section 3.10. Permitted Withdrawals from the Custodial Account.....................52 Section 3.11. Maintenance of the Primary Insurance Policies; Collections Thereunder54 Section 3.12. Maintenance of Fire Insurance and Omissions and Fidelity Coverage...55 Section 3.13. Enforcement of Due-on-Sale Clauses; Assumption and Modification Agreements; Certain Assignments.........................................................56 Section 3.14. Realization Upon Defaulted Mortgage Loans............................58 Section 3.15. Trustee to Cooperate; Release of Mortgage Files......................61 Section 3.16. Servicing and Other Compensation; Compensating Interest..............63 Section 3.17. Reports to the Trustee and the Company...............................64 Section 3.18. Annual Statement as to Compliance....................................64 Section 3.19. Annual Independent Public Accountants' Servicing Report..............64 Section 3.20. Rights of the Company in Respect of the Master Servicer..............65 Section 3.21. Administration of Buydown Funds......................................65 Article IV PAYMENTS TO CERTIFICATEHOLDERS...........................................67 Section 4.01. Certificate Account..................................................67 Section 4.02. Distributions........................................................67 Section 4.03. Statements to Certificateholders.....................................67 Section 4.04. Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.............................................................68
Successor Subservicers. Each Servicer shall be entitled to terminate any Subservicing Agreement to which such Servicer is a party and the rights and obligations of any Subservicer pursuant to any such Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement. In the event of termination of any Subservicer, all servicing obligations of such Subservicer shall be assumed simultaneously by the applicable Servicer party to the related Subservicing Agreement without any act or deed on the part of such Subservicer or such Servicer, and such Servicer either shall service directly the related Mortgage Loans or shall enter into a Subservicing Agreement with a successor Subservicer which qualifies under Section 3.02. Any Subservicing Agreement shall include the provision that such agreement may be immediately terminated by the Depositor or the Trustee without fee, in accordance with the terms of this Agreement, in the event that the Servicer party to the related Subservicing Agreement shall, for any reason, no longer be a Servicer (including termination due to an Event of Default).
