Xxxxx Fargo. Xxxxx Fargo Bank, N.A., and its successors and assigns in its capacity as Master Servicer, Trust Administrator or Custodian, or as Servicer of the Xxxxx Fargo Serviced Mortgage Loans, as the case may be, hereunder.
Xxxxx Fargo. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association acting in the possible multiple capacities of the Collateral Custodian, and Account Bank and in the capacity as Administrative Agent. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of gross negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.
Xxxxx Fargo. Xxxxx Fargo Bank, N.A. or any successor in interest, in its capacity as a Servicer.
Xxxxx Fargo. Xxxxx Fargo Home Mortgage, Inc., a California corporation, and its successors and assigns.
Xxxxx Fargo. Xxxxx Fargo Bank, N.A., a national banking association, and its successors and assigns.
Xxxxx Fargo. Xxxxx Fargo Home Mortgage, Inc., a California corporation, and its successors and assigns, in its capacity as Servicer of the Xxxxx Fargo Serviced Mortgage Loans. Xxxxx Fargo AAR: That certain Assignment, Assumption and Recognition Agreement dated as of February 25, 2003 by and among the Transferor, Bank of America and Xxxxx Fargo.
Xxxxx Fargo. Xxxxx Fargo represents and warrants to KMC that:
Xxxxx Fargo. The parties expressly acknowledge and consent to Xxxxx Fargo acting in the multiple capacities of Administrative Agent, Collateral Agent and Depositary. Xxxxx Fargo may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo of express duties set forth in the Financing Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo.
Xxxxx Fargo. 68 Section 1.02.
Xxxxx Fargo. The loans secured by Absaroka, Xxxxxxxxx, Oswego Springs, Sellwood Landing and Xxxxxxxxx Ridge may be cross-collateralized. * The discrepancies to the modifications required by the Modification Schedule identified on this Exhibit O-10 are acceptable to Purchaser, solely as it relates to the specifically identified Existing Real Property Loan (and not any other). Nothing contained herein shall limit Xxxxxxx’x obligation to use commercially reasonable efforts to modify the Existing Real Property Loan Documents to eliminate or modify any discrepancy noted on this Exhibit O-10 in a manner reasonably acceptable to Purchaser in accordance with Section 5.1(i). EXHIBIT P Motor Vehicles [see attached] 41 EXHIBIT Q Reorganization Plan [see attached] 42 EXHIBIT R [Intentionally Omitted] EXHIBIT S Form of Interim Operating Agreement INTERIM LEASE AND SERVICES AGREEMENT THIS INTERIM LEASE AND SERVICES AGREEMENT (this “Agreement”) is made and entered into effective as of the ____ day of ________, 20___ (the “Effective Date”) by and among ______________, a Delaware limited liability company (“Landlord”), __________, a ______________________ (“Tenant”) and [Emeritus Corporation, a Washington corporation/EmeriCare, Inc., a Delaware corporation] (“Emeritus/EmeriCare”).
