Examples of Non-Serviced Trust in a sentence
All escrow deposits and payments required to be deposited with the Seller or its agent in accordance with the Mortgage Loan documents have been (or by the Closing Date will be) so deposited, are in the possession of or under the control of the Seller or its agent (or, with respect to a Non-Serviced Trust Loan, in the possession of or under the control of the Lead Trustee or its agent under the applicable Lead PSA), and there are no deficiencies in connection therewith.
Subject to the limitations set forth in paragraph (5), each assignment of Mortgage and assignment of Assignment of Leases from the Seller to the Trustee (or in the case of a Non-Serviced Trust Loan, the assignment in favor of the current holder of the mortgage) constitutes the legal, valid and binding assignment from the Seller.
Subject to the Insolvency Qualifications, each endorsement and assignment of Mortgage and assignment of Assignment of Leases (if a separate instrument from the Mortgage) to the Trust (or, with respect to any Non-Serviced Mortgage Loan, to the related Non-Serviced Trust) constitutes a legal, valid and binding endorsement or assignment to the Trust (or, with respect to any Non-Serviced Mortgage Loan, to the related Non-Serviced Trust).
The parties hereto acknowledge that the Non-Serviced Loan Groups and any related REO property are being serviced and administered under the applicable Lead PSA and the applicable Lead Master Servicer will make any advances required thereunder in respect of such loan and remit collections on the Non-Serviced Trust Loans to or on behalf of the Trust.
The Master Servicer and Special Servicer shall service and administer the Mortgage Loans (other than the Non-Serviced Trust Loans) in accordance with applicable law and the terms hereof and the intercreditor agreements and shall provide to the Mortgagors any reports required to be provided to them thereby.
Any such notice by the Special Servicer (or, if appropriate, any party under the Other Pooling and Servicing Agreement in the case of a Non-Serviced Trust Loan) to the Master Servicer of a required Property Advance shall be deemed to be a determination by the Special Servicer (or such party under the Other Pooling and Servicing Agreement) that such requested Property Advance is not a Nonrecoverable Advance, and the Master Servicer shall be entitled to conclusively rely on such determination.
No Compensating Interest Payments shall be made by the Master Servicer for the Non-Serviced Trust Loans and the Other Master Servicer will not be required to make Compensating Interest Payments on the Non-Serviced Trust Loans.
With respect to each Non-Serviced Trust Loan serviced under the Other Pooling and Servicing Agreement, the Master Servicer will use commercially reasonable efforts to procure a Xxxxxxxx-Xxxxx back-up certification similar in form and substance to the applicable certification from the Other Master Servicer, the Other Special Servicer, the Other Paying Agent and the Other Trustee.
The Master Servicer, the Special Servicer, the Trustee or the Fiscal Agent shall have no obligation or authority to supervise the applicable Lead Master Servicer, the applicable Lead Special Servicer, the applicable Lead Trustee or the applicable Lead Fiscal Agent or to make Servicing Advances or P&I Advances, except as described in Section 4.03A with respect to P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent with respect to certain of the Non-Serviced Trust Loans.
To the extent consistent with the foregoing and subject to any express limitations set forth in this Agreement and any related intercreditor agreement or mezzanine loan intercreditor agreement, the Master Servicer and Special Servicer shall seek to maximize the timely and complete recovery of principal and interest on the Mortgage Loans (other than the Non-Serviced Trust Loans).