Examples of BANA Mortgage Loans in a sentence
The Servicer will each keep in full effect its existence, rights and franchises as a separate entity under the laws governing its organization, and will obtain and preserve its qualification to do business as a foreign corporation in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, the Certificates or any of the BANA Mortgage Loans and to perform its duties under this Agreement.
Simultaneously with the conveyances of (i) the BANA Mortgage Loans on a servicing-retained basis by Bank of America, National Association to the Depositor pursuant to the Mortgage Loan Purchase Agreement and (ii) the BANA Mortgage Loans by the Depositor to the Trustee pursuant to the Pooling and Servicing Agreement, the Depositor will assign all of its rights hereunder to the Trustee, and the Trustee then shall succeed to all rights of the Depositor under this Agreement.
To the extent that the Servicer is not permitted to execute and deliver such documents pursuant to the preceding sentence, the Servicer shall prepare and deliver to the Depositor and/or the Trustee such documents requiring execution and delivery by any or all of them as are necessary or appropriate to enable the Servicer to service and administer the BANA Mortgage Loans.
For and on behalf of the Certificateholders, the Servicer shall service and administer the BANA Mortgage Loans in accordance with the terms of this Agreement, Customary Servicing Procedures, applicable law and the terms of the related Mortgage Notes and Mortgages.
In accordance with the standards of the preceding paragraph, the Servicer shall advance or cause to be advanced funds as necessary for the purpose of effecting the payment of taxes and assessments on the Mortgaged Properties relating to the BANA Mortgage Loans, which Servicing Advances shall be reimbursable in the first instance from related collections from the Mortgagors pursuant to Section 2.08, and further as provided in Section 2.10.
In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be expenses, costs and liabilities of the Trust Estate, and the Servicer shall be entitled to be reimbursed therefor out of amounts attributable to the BANA Mortgage Loans on deposit in the BANA Custodial Account as provided by Section 2.10.
The Servicer shall maintain, at its own expense, a blanket fidelity bond and an errors and omissions insurance policy, with broad coverage on all officers, employees or other persons acting in any capacity requiring such persons to handle funds, money, documents or papers relating to the BANA Mortgage Loans.
On each Remittance Date, the Servicer shall remit by wire transfer of immediately available funds to the Master Servicer an amount equal to the portion of the Pool Distribution Amount relating to the BANA Mortgage Loans and any other amounts due to the Master Servicer under this Agreement for such Distribution Date, to the extent on deposit.
This Agreement may be amended from time to time by the Servicer and the Depositor with a written agreement signed by the Servicer and the Depositor; provided that the party requesting such amendment shall, at its own expense, provide the Trustee, the Securities Administrator and the Master Servicer with an Opinion of Counsel that such amendment will not materially adversely affect the interest of the Certificateholders in the BANA Mortgage Loans.
The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall not, for the purpose of calculating monthly distributions to the Certificateholders, be added to the Stated Principal Balances of the BANA Mortgage Loans, notwithstanding that the terms of such BANA Mortgage Loans so permit.