Common use of Waivers, Modifications and Extensions; Subordination Clause in Contracts

Waivers, Modifications and Extensions; Subordination. The Servicer shall make reasonably diligent efforts to collect all payments called for under the terms and provisions of the Home Loans and shall, to the extent such procedures shall be consistent with this Agreement, follow Accepted Servicing Procedures. The Servicer may in its discretion waive or permit to be waived any penalty interest or any other fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the Due Date on a Debt Instrument for a period (with respect to each payment as to which the Due Date is extended) not greater than 90 days after the initially scheduled due date for such payment. Notwithstanding anything in this Agreement to the contrary, the Servicer shall not permit any additional extension or modification with respect to any Home Loan other than that permitted by the immediately preceding sentence unless the Home Loan is a Defaulted Home Loan. The Servicer may in its discretion enter in subordination agreements with respect to any Home Loan, provided that the Servicer determines, consistent with this Agreement and Accepted Servicing Procedures that the entering into of such subordination agreement is in the best interests of the Grantor Trust.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1), Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1)

AutoNDA by SimpleDocs

Waivers, Modifications and Extensions; Subordination. The Servicer shall make reasonably diligent efforts to collect all payments called for under the terms and provisions of the Home Loans and shall, to the extent such procedures shall be consistent with this Agreement, follow Accepted Servicing Procedures. The Servicer may in its discretion waive or permit to be waived any penalty interest or any other fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the Due Date on a Debt Instrument for a period (with respect to each payment as to which the Due Date is extended) not greater than 90 days after the initially scheduled due date for such payment. Notwithstanding anything in this Agreement to the contrary, the Servicer shall not permit any additional extension or modification with respect to any Home Loan other than that permitted by the immediately preceding sentence unless the Home Loan is a Defaulted Home Loan. The Servicer may in its discretion enter in subordination agreements with respect to any Home Loan, provided that the Servicer determines, consistent with this Agreement and Accepted Servicing Procedures that the entering into of such subordination agreement is in the best interests of the Grantor Trust.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-4), Sale and Servicing Agreement (Ditech Funding Corp Home Loan Owner Trust 1997-1)

AutoNDA by SimpleDocs

Waivers, Modifications and Extensions; Subordination. The Servicer shall make reasonably diligent efforts to collect all payments called for under the terms and provisions of the Home Loans and shall, to the extent such procedures shall be consistent with this Agreement, follow Accepted Servicing Procedures. The Servicer may in its discretion waive or permit to be waived any penalty interest or any other fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the Due Date on a Debt Instrument for a period (with respect to each payment as to which the Due Date is extended) not greater than 90 days after the initially scheduled due date for such payment. Notwithstanding anything in this Agreement to the contrary, the Servicer shall not permit any additional extension or modification with respect to any Home Loan other than that permitted by the immediately preceding sentence unless the Home Loan is a Defaulted Home Loan. The Servicer may in its discretion enter in subordination agreements with respect to any Home Loan, provided that the Servicer determines, consistent with this Agreement and Accepted Servicing Procedures Procedures, that the entering into of such subordination agreement is in the best interests of the Grantor Trust.

Appears in 1 contract

Samples: Statements And (Empire Funding Home Loan Owner Trust 1997-5)

Time is Money Join Law Insider Premium to draft better contracts faster.