Common use of Collection of Certain Mortgage Loan Payments Clause in Contracts

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 22 contracts

Samples: Servicing Agreement (Opteum Mortgage Acceptance CORP), Servicing Agreement (MortgageIT Securities Corp.), Servicing Agreement (American Home Mortgage Assets LLC)

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Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and generally consistent with the Program Guide, follow such collection procedures as shall be normal and usual in its general mortgage servicing activitiesactivities and consistent with the procedures the Servicer employs in servicing all other Mortgage Loans in the servicing portfolio with characteristics similar to those of the Mortgage Loans. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such a Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided, that such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHERand provided further, that notwithstanding such arrangement arrangement, such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage LoanLoan in accordance with the Program Guide; provided, PROVIDED, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not impair the coverage of any related insurance policy or materially adversely affect the lien Lien of the related MortgageMortgage or the interests of the Securityholders or the Enhancer, and the Servicer shall not grant any such waiver or extension that would have any such effect. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.also:

Appears in 14 contracts

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He1), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3), Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the related Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine Note related to a Mortgage Loan for a period of not greater than 180 days; provided that any such waiver or extension will pursuant to this clause shall not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term amortization schedule of any Mortgage Loan or consent to the postponement for purposes of strict compliance with any such term or in computation hereunder and provided, further, that any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence granted to a Mortgagor by the Servicer in connection with its servicing of the related First Mortgage Loan shall not be considered relevant to a determination of whether the Servicer has acted consistently with the terms and standards of this Agreement, so long as in the Servicer’s determination such action is not materially adverse to the interests of the Securityholders or Certificateholders. Notwithstanding the Credit Enhancerforegoing, PROVIDED, HOWEVER, in the event that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable, the Servicer, consistent with Accepted Servicing Practices may waive, modify or vary any term of such Mortgage Loan (including modifications that change the Mortgage Rate, forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage Loan, or consent to the postponement of strict compliance with any such term or otherwise grant indulgence to any Mortgagor if in the Servicer’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Certificateholders (taking into account any estimated Realized Loss that might result absent such action). The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl3), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl2 Asset Backed Pass-Through Certificates)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Xxxx xxxx Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement post ponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 3 contracts

Samples: Servicing Agreement (New Century Mortgage Securities Inc), Servicing Agreement (Namco Securities Corp), Servicing Agreement (WMC Secured Assets Corp)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Mort gage Loans, and shall, to the extent such procedures shall be consistent with conxxxxxxx xith this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement post ponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 3 contracts

Samples: Servicing Agreement (Impac Secured Assets Corp), Servicing Agreement (Icifc Secured Assets Corp), Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 3 contracts

Samples: Servicing Agreement (WaMu Asset Acceptance Corp.), Servicing Agreement (Long Beach Securities Corp), Servicing Agreement (WaMu Asset Acceptance Corp.)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and generally consistent with the Program Guide, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such a Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided, that such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHERand provided further, that notwithstanding such arrangement arrangement, such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage LoanLoan in accordance with the Program Guide; provided, PROVIDED, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not impair the coverage of any related insurance policy or materially adversely affect the lien Lien of the related MortgageMortgage or the interests of the Securityholders or the Enhancer. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan (including reduce the Credit Limit with respect to any HELOC) or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer; provided, PROVIDED, HOWEVERhowever, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Loan Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable. Notwithstanding the foregoing, any permitted extension of the final maturity date of a Mortgage Loan shall not exceed the end of the Collection Period preceding the Final Payment Date. In addition, if a HELOC is in default or, in the judgment of the Servicer, such default is reasonably foreseeable, the Servicer may, through modification, convert such HELOC to a fully amortizing HEL. Notwithstanding the foregoing, with respect to any HELOC, the Servicer (i) in its sole discretion may permit the related Mortgagor (or may enter into a modification agreement that will allow such Mortgagor) to make monthly payments, with respect to any Billing Cycle during the related Draw Period, in a minimum amount that will be equal to the related finance charge for such Billing Cycle and (ii) may reduce the amount of the Credit Limit (to an amount no less than the then-current Principal Balance of such HELOC) in connection with any refinancing of a senior Lien pursuant to the second paragraph of Section 3.01(a) of this Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Asset Mortgage Products Inc)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make use reasonable efforts to collect or caused to be collected all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and the terms and provisions of any applicable Insurance Policy, follow such collection procedures as shall be normal and usual for all Mortgage Loans in its general mortgage servicing activitiesaccordance with the Servicing Standard. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive or permit to be waived any late payment charge, prepayment charge, assumption fee or any penalty interest or other fees which may be collected in connection with the ordinary course prepayment of servicing such a Mortgage Loan and (ii) arrange with or any other fee or charge which the Master Servicer would be entitled to retain hereunder as servicing compensation. In the event the Master Servicer shall consent to the deferment of the due dates for payments due on a Mortgagor a schedule for Note, the Master Servicer shall nonetheless make payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies any required Delinquency Advance with respect to home equity mortgage loans; PROVIDEDthe payments so extended to the same extent as if such installment were due, FURTHERowing and Delinquent and had not been deferred, that notwithstanding such arrangement such Mortgage Loans will and shall be included entitled to reimbursement therefor in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificateaccordance with Section 8.09(a) hereof. The Master Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term the terms of the Mortgage Loans in accordance with the Servicing Standard; provided, however, that the Master Servicer may not waive, modify or vary the terms of any Mortgage Loan or consent to (A) decrease the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change interest rate on the Mortgage RateLoan, (B) forgive the payment of any principal or interest (unless in connection except with the respect to liquidation of the related such Mortgage Loan) or (C) extend the final maturity date of such Mortgage Loan, unless, (i) unless the related Mortgagor is in default under such Mortgage Loan is in or such default oris, in the reasonable judgment of the Master Servicer, such default is reasonably foreseeable, (ii) the amendment, modification or waiver is recorded with the appropriate recording office with proof of such recording provided to the Certificate Insurer by the Master Servicer promptly upon receipt by the Master Servicer, and (iii) all costs and expenses associated with such amendment, modification or waiver, including any recording costs, are paid by the Master Servicer out of its own funds. In addition, if the aggregate principal balance of the Mortgage Loans with respect to such waivers, modifications or variations which have been granted equals or exceeds 3% of the Original Aggregate Loan Balance of the Mortgage Loans, any further waivers, modifications or variations shall require the Certificate Insurer's prior written consent. The Certificate Insurer shall respond to any written request of the Master Servicer for a waiver, modification or variation of a Mortgage Loan within two weeks of the date of such written request.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1999 2), Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1999 1)

Collection of Certain Mortgage Loan Payments. (a) The Each Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the related Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the each Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage LoanNote related to a Mortgage Loan for a period of not greater than 180 days; provided that any extension pursuant to this clause shall not affect the amortization schedule of any Mortgage Loan for purposes of any computation hereunder and provided, PROVIDEDfurther, HOWEVER, that the Servicer shall first determine that any such waiver waiver, modification, postponement or extension will not adversely affect the lien indulgence granted to a Mortgagor by a Servicer in connection with its servicing of the related Mortgage. Consistent First Mortgage Loan shall not be considered relevant to a determination of whether such Servicer has acted consistently with the terms and standards of this Servicing Agreement, so long as in such Servicer’s determination such action is not materially adverse to the Servicer interests of the Certificateholders. Notwithstanding the foregoing, in the event that any Mortgage Loan is in default or, in the judgment of the related Servicer, such default is reasonably foreseeable, the related Servicer, consistent with Accepted Servicing Practices may also waive, modify or vary any term of any such Mortgage Loan (including modifications that change the Mortgage Rate, forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage Loan, or consent to the postponement of strict compliance with any such term or in any manner otherwise grant indulgence to any Mortgagor if in the related Servicer's ’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders Certificateholders (taking into account any estimated Realized Loss that might result absent such action). Each Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change provision of the Mortgage Rate, forgive the or other instrument pursuant to which such payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default required is reasonably foreseeableprohibited by applicable law.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-Sl1)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDEDprovided, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDEDprovided, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDEDprovided, HOWEVERhowever, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 2 contracts

Samples: Servicing Agreement (Boardwalk Mortgage Securities Inc.), Servicing Agreement (Park Place Securities, Inc.)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided such arrangement is consistent with the Servicer's ’s policies with respect to home equity mortgage loans; PROVIDEDprovided, FURTHERfurther, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDEDprovided, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's ’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDEDprovided, HOWEVERhowever, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 2 contracts

Samples: Servicing Agreement (Shellpoint Mortgage Acceptance LLC), Servicing Agreement (Ab Mortgage Securities Corp)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Mort gage Loans, and shall, to the extent such xxxxxx xxch procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 2 contracts

Samples: Servicing Agreement (National City Mortgage Capital LLC), Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Master Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Master Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Master Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Master Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Master Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Master Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Master Servicer, such default is reasonably foreseeable.

Appears in 1 contract

Samples: Servicing Agreement (MortgageIT Securities Corp.)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's ’s policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's ’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 1 contract

Samples: Servicing Agreement (Long Beach Securities Corp)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Xxxx xxxx Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided such arrangement is consistent with the Servicer's ’s policies with respect to home equity mortgage loans; PROVIDEDprovided, FURTHERfurther, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDEDprovided, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's ’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDEDprovided, HOWEVERhowever, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 1 contract

Samples: Servicing Agreement (National City Mortgage Capital LLC)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make use reasonable efforts to collect or caused to be collected all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and the terms and provisions of any applicable Insurance Policy, follow such collection procedures as shall be normal and usual for all Mortgage Loans in its general mortgage servicing activitiesaccordance with the Servicing Standard. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive or permit to be waived any late payment charge, prepayment charge, assumption fee or any penalty interest or other fees which may be collected in connection with the ordinary course prepayment of servicing such a Mortgage Loan and (ii) arrange with or any other fee or charge which the Master Servicer would be entitled to retain hereunder as servicing compensation. In the event the Master Servicer shall consent to the deferment of the due dates for payments due on a Mortgagor a schedule for Note, the Master Servicer shall nonetheless make payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies any required Delinquency Advance with respect to home equity mortgage loans; PROVIDEDthe payments so extended to the same extent as if such installment were due, FURTHERowing and Delinquent and had not been deferred, that notwithstanding such arrangement such Mortgage Loans will and shall be included entitled to reimbursement therefor in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificateaccordance with Section 8.09(a) hereof. The Master Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term the terms of the Mortgage Loans in accordance with the Servicing Standard; provided, however, that the Master Servicer may not waive, modify or vary the terms of any Mortgage Loan or consent to (A) decrease the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change interest rate on the Mortgage RateLoan, (B) forgive the payment of any principal or interest (unless in connection except with the respect to liquidation of the related such Mortgage Loan) or (C) extend the final maturity date of such Mortgage Loan, unless, (i) unless the related Mortgagor is in default under such Mortgage Loan is in or such default oris, in the reasonable judgment of the Master Servicer, such default is reasonably foreseeable, (ii) the amendment, modification or waiver is recorded with the appropriate recording office with proof of such recording provided to the Certificate Insurer by the Master Servicer promptly upon receipt by the Master Servicer, and (iii) all costs and expenses associated with such amendment, modification or waiver, including any recording costs, are paid by the Master Servicer out of its own funds. In addition, if the aggregate principal balance of the Mortgage Loans with respect to such waivers, modifications or variations which have been granted equals or exceeds 2% of the Original Aggregate Loan Balance of the Mortgage Loans, any further waivers, modifications or variations shall require the Certificate Insurer's prior written consent. The Certificate Insurer shall respond to any written request of the Master Servicer for a waiver, modification or variation of a Mortgage Loan within two weeks of the date of such written request.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1998 2)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and generally consistent with the Program Guide, follow such collection procedures as shall be normal and usual in its general mortgage servicing activitiesactivities and consistent with the procedures the Servicer employs in servicing all other Mortgage Loans in the servicing portfolio with characteristics similar to those of the Mortgage Loans. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such a Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided, that such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHERand provided further, that notwithstanding such arrangement arrangement, such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage LoanLoan in accordance with the Program Guide; provided, PROVIDED, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not impair the coverage of any related insurance policy or materially adversely affect the lien Lien of the related MortgageMortgage or the interests of the Securityholders or the Enhancer, and the Servicer shall not grant any such waiver or extension that would have any such effect. For each Mortgage Loan, the Servicer will accurately and fully report the Mortgagor's credit history to all three credit repositories in a timely manner. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.also:

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Collection of Certain Mortgage Loan Payments. (a) The [Master] Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the [Master] Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided such arrangement is consistent with the [Master] Servicer's policies with respect to home equity mortgage loans; PROVIDEDprovided, FURTHERfurther, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The [Master] Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDEDprovided, HOWEVERhowever, that the [Master] Servicer shall first determine that any such waiver or extension will not impair the coverage of any related insurance policy or materially adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the [Master] Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the [Master] Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders [or the Credit Enhancer], PROVIDEDprovided, HOWEVERhowever, that the [Master] Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Loan Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the [Master] Servicer, such default is reasonably foreseeable. Notwithstanding the foregoing, as to any __________________ Loan, the [Master] Servicer in its sole discretion may permit the Mortgagor (or may enter into a modification agreement which will allow the Mortgagor) to make monthly payments, with respect to any Billing Cycle during the related Draw Period, in a minimum amount that will be equal to the related finance charge for such Billing Cycle.

Appears in 1 contract

Samples: Homepride Mortgage Finance Corp

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement, Accepted Servicing AgreementPractices and the Servicing Performance Standards, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaidinterest; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine provided that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence granted to a Mortgagor by the Servicer in connection with its servicing of the related First Mortgage Loan shall not be considered relevant to a determination of whether the Servicer has acted consistently with the terms and standards of this Agreement, so long as in the Servicer’s determination such action is not materially adverse to the value of the Mortgage Loans or the interests of the Securityholders Class A Certificate Insurer or the Credit EnhancerCertificateholders. Notwithstanding the foregoing, PROVIDED, HOWEVER, in the event that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable, the Servicer, consistent with Accepted Servicing Practices may waive, modify or vary any term of such Mortgage Loan (including, but not limited to, modifications that change the Mortgage Rate, forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage Loan, or consent to the postponement of strict compliance with any such term or otherwise grant indulgence to any Mortgagor if in the Servicer’s determination such waiver, modification, postponement or indulgence is not materially adverse to the value of the Mortgage Loans or the interests of the Class A Certificate Insurer or the Certificateholders or the Class A Certificate Insurer (taking into account any estimated Realized Loss that might result absent such action); provided, however, that if the aggregate principal balance of the Mortgage Loans subject to modification is greater than 5% of the initial aggregate principal balance of the Mortgage Loans as determined by the Servicer, such modification shall only be permitted with the prior written consent of the Class A Certificate Insurer, so long as a default by the Class A Certificate Insurer has not occurred and is not continuing, rather than proceeding with foreclosure. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)

Collection of Certain Mortgage Loan Payments. (a) The Each Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the related Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the a Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage LoanNote related to a Mortgage Loan for a period of not greater than 180 days; provided that any extension pursuant to this clause shall not affect the amortization schedule of any Mortgage Loan for purposes of any computation hereunder and provided, PROVIDEDfurther, HOWEVER, that the Servicer shall first determine that any such waiver waiver, modification, postponement or extension will not adversely affect the lien indulgence granted to a Mortgagor by a Servicer in connection with its servicing of the related Mortgage. Consistent First Mortgage Loan shall not be considered relevant to a determination of whether such Servicer has acted consistently with the terms and standards of this Servicing Agreement, so long as in the Servicer related Servicer’s determination such action is not materially adverse to the interests of the Certificateholders. Notwithstanding the foregoing, in the event that any Mortgage Loan is in default or, in the judgment of the related Servicer, such default is reasonably foreseeable, the related Servicer, consistent with Accepted Servicing Practices may also waive, modify or vary any term of any such Mortgage Loan (including, but not limited to, modifications that change the Mortgage Rate, forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage Loan, or consent to the postponement of strict compliance with any such term or in any manner otherwise grant indulgence to any Mortgagor if in the such Servicer's ’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders Certificateholders (taking into account any estimated Realized Loss that might result absent such action). The Servicers shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change provision of the Mortgage Rate, forgive the or other instrument pursuant to which such payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default required is reasonably foreseeable.prohibited by applicable law. 108

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl1)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make use reasonable efforts to collect or caused to be collected all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and the terms and provisions of any applicable Insurance Policy, follow such collection procedures as shall be normal and usual for all Mortgage Loans in its general mortgage servicing activitiesaccordance with the Servicing Standard. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive or permit to be waived any late payment charge, prepayment charge, assumption fee or any penalty interest or other fees which may be collected in connection with the ordinary course prepayment of servicing such a Mortgage Loan and (ii) arrange with or any other fee or charge which the Master Servicer would be entitled to retain hereunder as servicing compensation. In the event the Master Servicer shall consent to the deferment of the due dates for payments due on a Mortgagor a schedule for Note, the Master Servicer shall nonetheless make payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies any required Delinquency Advance with respect to home equity mortgage loans; PROVIDEDthe payments so extended to the same extent as if such installment were due, FURTHERowing and Delinquent and had not been deferred, that notwithstanding such arrangement such Mortgage Loans will and shall be included entitled to reimbursement therefor in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificateaccordance with Section 8.09(a) hereof. The Master Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term the terms of the Mortgage Loans in accordance with the Servicing Standard; provided, however, that the Master Servicer may not waive, modify or vary the terms of any Mortgage Loan or consent to (A) decrease the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change interest rate on the Mortgage RateLoan, (B) forgive the payment of any principal or interest (unless in connection except with the respect to liquidation of the related such Mortgage Loan) or (C) extend the final maturity date of such Mortgage Loan, unless (i) unless the related Mortgagor is in default under such Mortgage Loan is in or such default oris, in the reasonable judgment of the Master Servicer, such default is reasonably foreseeable, (ii) the Certificate Insurer, in its sole and absolute discretion approves such waiver, modification or variation, (iii) the amendment, modification or waiver is recorded with the appropriate recording office with proof of such recording provided to the Certificate Insurer by the Master Servicer promptly upon receipt by the Master Servicer and (iv) all costs and expenses associated with such amendment, modification or waiver, including any recording costs, are paid by the Master Servicer out of its own funds. In addition, if the aggregate principal balance of the Mortgage Loans with respect to such waivers, modifications or variations which have been granted equals or exceeds 3% of the Original Aggregate Loan Balance of the Mortgage Loans, any further waivers, modifications or variations shall require the Certificate Insurer's prior written consent. The Certificate Insurer shall respond to any written request of the Master Servicer for a waiver, modification or variation of a Mortgage Loan within two weeks of the date of such written request.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1997-2)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and the terms and provisions of any applicable insurance policies, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or (ii) consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's ’s reasonable and prudent determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit EnhancerCertificateholders; provided, PROVIDED, HOWEVERhowever, that the Servicer may shall not modify make future advances and (unless the Mortgagor is in default with respect to the Mortgage Loan or such default is, in the judgment of the Servicer, reasonably foreseeable) the Servicer shall not permit any Subservicer modification with respect to modify any Mortgage Loan (including without limitation any modification that would (i) change the Mortgage Interest Rate, defer or forgive the payment thereof of any principal or interest payments, reduce the outstanding principal amount (unless in connection with the liquidation except for actual payments of the related Mortgage Loanprincipal) or extend the final maturity date with respect to such Mortgage Loan, (ii) affect adversely the status of any REMIC as a REMIC or (iii) cause any REMIC to be subject to a tax on “prohibited transactions” or “contributions” pursuant to the REMIC Provisions. Notwithstanding the foregoing, the Servicer shall not permit any modification with respect to any Mortgage Loan that would either (x) effect an exchange or reissuance of such Mortgage LoanLoan under Section 1.860G-2(b) unless such of the Treasury Regulations or (y) cause any REMIC constituting part of the Trust Fund to fail to qualify as a REMIC under the Code or the imposition of any tax on “prohibited transactions” or “contributions” after the Startup Day under the REMIC Provisions. Without limiting the generality of the foregoing, the Servicer shall continue, and is hereby authorized and empowered to execute and deliver on behalf of itself, and the Trustee, all instruments of satisfaction or cancellation, or of partial or full release, discharge and all other comparable instruments, with respect to the Mortgage Loans and with respect to the Mortgaged Property. Notwithstanding the foregoing, in the event that a Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable, the Servicer, consistent with the standards set forth in Section 3.01, may also waive, modify or vary any term of such Mortgage Loan (including modifications that would change the related Mortgage Rate, forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage Loan or consent to the postponement of strict compliance with any such term or otherwise grant indulgence to any related Mortgagor.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He10)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the related Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine Note related to a Mortgage Loan for a period of not greater than 180 days; provided that any such waiver or extension will pursuant to this clause shall not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term amortization schedule of any Mortgage Loan or consent to for purposes of any computation hereunder. Notwithstanding the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if foregoing, in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, event that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable, and if determined by the Servicer that such waiver, modification, postponement or indulgence is not materially adverse to 105 the interests of the Certificateholders, the Servicer, consistent with Accepted Servicing Practices may waive, modify or vary any term of such Mortgage Loan subject to certain limitations, including, but not limited to, the following: any amounts added to the principal balance of the Mortgage Loan, or capitalized amounts added to the Mortgage Loan, will be required to be fully amortized over the remaining term, or the extended term, of the Mortgage Loan; all capitalizations are to be implemented in accordance with the Servicer’s standards and may be implemented only by the Servicer for that purpose; the final maturity of any Mortgage Loan will not be extended beyond the Assumed Final Distribution Date; and no servicing modification with respect to a Mortgage Loan will have the effect of reducing the Mortgage Rate below one-half of the Mortgage Rate as in effect on the Cut-off Date or the Servicing Fee Rate, whichever is greater. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He5)

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Collection of Certain Mortgage Loan Payments. (a) The Master Servicer will coordinate and monitor remittances by Sub-Servicers to the Trustee with respect to the Mortgage Loans in accordance with this Agreement. The Master Servicer shall make reasonable efforts to collect or cause to be collected all payments called for under the terms and provisions of the Mortgage Loans, and shallshall follow, and use its best efforts to cause Sub-Servicers to follow, collection procedures comparable to the collection procedures of prudent mortgage lenders servicing mortgage loans for their own account, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and the terms of any related Primary Insurance Policy; provided, follow however, that the Master Servicer agrees not to permit any modification with respect to any Mortgage Loan that would change the Mortgage Interest Rate, forgive any principal or interest, or change the terms of such collection procedures as shall be normal and usual in its general mortgage servicing activitiesMortgage Note. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge, penalty interest charge or any assumption fees or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) suspend or reduce or permit to be suspended or reduced regular monthly payments for a period of up to six months, or arrange or permit an arrangement with a Mortgagor for a schedule scheduled liquidation of delinquencies. In the event the Master Servicer shall consent to the deferment of the due dates for payments due on a Mortgage Note, the payment Master Servicer shall nonetheless make a Monthly Advance or shall cause the related Sub-Servicer to make an advance to the same extent as if such installment were due, owing and delinquent and had not been deferred through liquidation of the Mortgaged Property; provided, however, that the obligation of the Master Servicer to make a Monthly Advance shall apply only to the extent that the Master Servicer believes, in good faith, that such advances are not Nonrecoverable Advances. The Master Servicer shall maintain and shall cause any Sub-Servicer, pursuant to the Sub-Servicing Agreement, to establish and maintain one or more Protected Accounts. The Sub-Servicer will be required under its Sub-Servicing Agreement to deposit into the Protected Account on a daily basis no later than 24 hours of receipt all collections of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a any Mortgage Loan, PROVIDEDincluding Principal Prepayments, HOWEVERInsurance Proceeds, Net Liquidation Proceeds, and advances made from the Sub-Servicer’s own funds (less servicing compensation as permitted by Section 4.02). The Master Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Accounts for purposes required or permitted by this Agreement. All Protected Accounts shall be held in a Designated Depository Institution and segregated on the books of such institution. The amount at any time credited to a Protected Account shall be fully insured by the FDIC or, to the extent that such balance exceeds the lesser of $75,000 or the limits of such insurance, such excess must be transferred to the appropriate subaccount of the Certificate Account or the related Custody Account or invested in Permitted Investments. Amounts on deposit in a Protected Account may be invested in Permitted Investments, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custody Account or Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.04 shall be paid to the Master Servicer or the related Sub-Servicer as additional compensation for its obligations under this Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Master Servicer or the related Sub-Servicer. The Master Servicer shall first determine that cause the related Sub-Servicer to deposit the amount of any such waiver or extension will not adversely affect the lien of loss in the related MortgageProtected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. Consistent with The Master Servicer may, and the terms of this Servicing Agreement, the Master Servicer may also waivepermit the related Sub-Servicer to, modify transfer funds to other accounts (which shall for purposes hereof be deemed to be Protected Accounts) or vary any term of any Mortgage Loan or consent to establish Protected Accounts not conforming to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiverforegoing requirements, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders extent that such other accounts or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeableProtected Accounts are Eligible Accounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenpoint Mort Sec Inc Mort Back Ps THR Certs Ser 2003-1)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such shall follow collection procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal Agreement and usual in its general mortgage servicing activitiesthe terms and provisions of any applicable Insurance Policy. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive or permit to be waived any late payment charge, prepayment charge, assumption fee or any penalty interest or other fees which may be collected in connection with the ordinary course prepayment of servicing such a Mortgage Loan and (ii) arrange with or any other fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation. In the event the Servicer shall consent to the deferment of the due dates for payments due on a Mortgagor a schedule for Note, the Servicer shall nonetheless make payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies any required Delinquency Interest Advance with respect to home equity mortgage loans; PROVIDEDthe payments so extended to the same extent as if such installment were due, FURTHERowing and Delinquent and had not been deferred, that notwithstanding such arrangement such Mortgage Loans will and shall be included entitled to reimbursement therefor in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgageaccordance with Section 8.09 hereof. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, Certificateholders (taking into account any estimated Realized Loss that might result absent such action); PROVIDED, HOWEVER, that the Servicer may not modify materially or permit any Subservicer Sub-Servicer to modify any Mortgage Loan (Loan, including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan or except in connection with prepayments to the extent that such reamortization is not inconsistent with the terms of the Mortgage Loan) ), or extend the final maturity date of such Mortgage Loan) , unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Collection of Certain Mortgage Loan Payments. (a) The Continuously from the date hereof until the principal of and interest on the Mortgage Loan and all other amounts thereunder are paid in full, the Servicer shall make reasonable use its best efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, Loan and shallshall follow such collection procedures as it follows with respect to commercial mortgage loans held in its own portfolio that are comparable to the Mortgage Loan, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal Agreement and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality terms of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange in accordance with Accepted Servicing Practices. In the event that a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies default with respect to home equity mortgage loans; PROVIDEDthe Mortgage Loan has occurred, FURTHERif the Servicer determines that a modification, that notwithstanding such arrangement such waiver or amendment of the terms of the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due Loan is reasonably likely to produce a greater recovery on a present value basis than liquidation of the Mortgaged Properties, then the Servicer may, but is not required to, agree to a modification, waiver or amendment of any of the terms of the Mortgage Loan; provided, PROVIDED, HOWEVERhowever, that the Servicer shall first determine not consent to any modification with respect to the Mortgage Loan that would change the Component Rate (including the Default Rate, as defined in the Mortgage Note) on any Component (except that the Servicer in its sole discretion may waive or reduce the Mortgagors' obligation to pay Additional Interest on the Mortgage Note, provided that the Servicer has obtained a Nondisqualification Opinion with respect to any such waiver or extension will not adversely affect reduction), change the lien amortization requirement, extend the maturity date of the related Mortgage Loan beyond the Scheduled Loan Maturity Date (except to the extent provided, if at all, in the applicable Mortgage), forgive any principal thereof or interest thereon or (except as expressly provided in each Mortgage) modify the applicable Grantor's obligations to fund the Sub-Accounts, unless the Servicer has notified the Trustee and the Certificateholders of such proposed modification, such modification has been approved by 100% of the Certificateholders affected by such modification or amendment and the Servicer has obtained a Nondisqualification Opinion with respect to such modification or amendment. Consistent In connection with any Mortgage Loan modification that is described in the terms preceding sentence, following a Mortgage Loan Event of this Servicing AgreementDefault, the Servicer may also waive, modify or vary any term shall be entitled to receive a fee (a "Modification Fee") equal to the product of any (i) the principal balance of the Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests as of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan immediately preceding Distribution Date and (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loanii) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable0.25%.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Mills Corp)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Xxxx xxxx Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDEDprovided, FURTHERfurther, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDEDprovided, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDEDprovided, HOWEVERhowever, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 1 contract

Samples: Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make its best reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent for all Mortgage Loans that are consistent with the foregoingServicing Standard. The Master Servicer may waive, and without limiting the generality modify or vary terms of the foregoingMortgage Loans provided that no such action will (A) decrease the Mortgage Rate on the Mortgage Loan, the Servicer may in its discretion (iB) waive any late payment charge, penalty interest defer or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for forgive the payment of principal and or interest due and unpaid(except with respect to liquidation of such Mortgage Loan) or (C) extend the final maturity date of such Mortgage Loan; PROVIDED provided, however, that no such arrangement modification shall be permitted to the extent that it would (a) affect adversely the status of the Trust Fund as a REMIC or (b) cause the Trust Fund to be subject to a tax on "prohibited transactions" or "contributions" pursuant to the REMIC Provisions. Notwithstanding the foregoing, in the event that any Mortgage Loan is in default or, in the judgment of the Master Servicer, such default is reasonably foreseeable, the Master Servicer, consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDEDServicing Standard, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any such Mortgage Loan (including modifications that would change the Mortgage Rate, defer or forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage or consent to the postponement of strict compliance with any such term or in any manner otherwise grant indulgence to any Mortgagor if in the Master Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders Certificateholders or the Credit Enhancer, PROVIDED, HOWEVER, Certificate Insurer (taking into account any estimated Realized Loss that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of might result absent such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeableaction).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Collection of Certain Mortgage Loan Payments. (a) The Each of the Master Servicer shall make reasonable efforts to and the Special Servicer shall, in accordance with the servicing standard set forth in Section 3.1(a), collect all payments called for under the terms and provisions of the Mortgage LoansLoans that it is obligated to service hereunder, collect all distributions on the Mortgage Certificates and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal it generally would follow with respect to mortgage loans comparable to the Mortgage Loans and usual pass-through certificates comparable to the Mortgage Certificates held in other portfolios or in its general mortgage own portfolio, whichever servicing activitiesprocedure is of a higher standard, so long as such collection procedures are in accordance with commercially reasonable standards and the applicable Mortgage Loan documents. Consistent with the foregoing, the Master Servicer and without limiting the generality of the foregoing, the Special Servicer may each in its discretion (i) waive any late payment charge, or assumption or modification charge or penalty interest in connection with any delinquent Monthly Payment or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies Balloon Payment with respect to home equity mortgage loans; PROVIDEDany Mortgage Loan which the Master Servicer or Special Servicer, FURTHERrespectively, is obligated to service hereunder, but only to the extent that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will would not adversely affect the lien REMIC status of the Upper-Tier REMIC or the Lower-Tier REMIC, or result in the imposition of any tax upon either the Upper-Tier or Lower-Tier REMIC under the REMIC Provisions or any similar provisions of federal, state or local tax laws, as evidenced by an Opinion of Counsel obtained at the expense of the Borrower requesting such waiver. All payments actually made shall be applied first to the Monthly Payment and any overdue Monthly Payments. The Master Servicer, on behalf of the Trustee, shall withhold any consent required to be obtained by a Borrower from the mortgagee pursuant to the related MortgageMortgage Loan prior to making any partial or full Principal Prepayment thereunder. Consistent with In the terms of this Servicing Agreementevent that, during the three month period ending on the Maturity Date, the related Borrower indicates an inability to pay such Balloon Payment on or before the Maturity Date thereof, the Master Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or determine that a Servicing Transfer Event as described in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests clause (i) of the Securityholders or the Credit Enhancerdefinition thereof has occurred if, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with such determination, the liquidation of Master Servicer determines, in its reasonable business judgment, that a payment default on the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeableimminent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (LTC Properties Inc)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make use reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and the terms and provisions of any applicable Insurance Policy, follow such collection procedures for all Mortgage Loans at least as shall be normal and usual rigorous as those described in its general mortgage servicing activitiesthe FNMA Guide. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive or permit to be waived any late payment charge, prepayment charge, assumption fee or any penalty interest or other fees which may be collected in connection with the ordinary course prepayment of servicing such a Mortgage Loan and (ii) arrange with or any other fee or charge which the Master Servicer would be entitled to retain hereunder as servicing compensation. In the event the Master Servicer shall consent to the deferment of the due dates for payments due on a Mortgagor a schedule for Note, the Master Servicer shall nonetheless make payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies any required P&I Advance with respect to home equity mortgage loans; PROVIDEDthe payments so extended to the same extent as if such installment were due, FURTHERowing and Delinquent and had not been deferred, that notwithstanding such arrangement such Mortgage Loans will and shall be included entitled to reimbursement therefor in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificateaccordance with Section 8.09(a) hereof. The Master Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests terms of the Securityholders or Mortgage Loans provided that no such action will (A) decrease the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change interest rate on the Mortgage RateLoan, (B) defer or forgive the payment of any principal or interest (unless in connection except with the respect to liquidation of the related such Mortgage Loan) or (C) extend the final maturity date of such Mortgage Loan) unless , provided, however, that no such modification shall be permitted to the extent that it would result in the occurrence of a prohibited transaction. In addition, if the aggregate principal balance of the Mortgage Loans with respect to such waivers, modifications or variations which have been granted equals or exceeds 3% of the Original Aggregate Loan Balance of the Mortgage Loans, any further waivers, modifications or variations shall require the Certificate Insurer's prior written consent. The Certificate Insurer shall respond to any written request of the Master Servicer for a waiver, modification or variation of a Mortgage Loan is in default or, in the judgment within two weeks of the Servicer, date of such default is reasonably foreseeablewritten request.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement post ponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.

Appears in 1 contract

Samples: Servicing Agreement (DLJ Mortgage Acceptance Corp)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such shall follow collection procedures shall be consistent with this Servicing Agreement, follow such collection procedures as shall be normal Agreement and usual in its general mortgage servicing activitiesthe terms and provisions of any applicable Insurance Policy. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive or permit to be waived any late payment charge, prepayment charge, assumption fee or any penalty interest or other fees which may be collected in connection with the ordinary course prepayment of servicing such a Mortgage Loan and (ii) arrange with or any other fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation. In the event the Servicer shall consent to the deferment of the due dates for payments due on a Mortgagor a schedule for Note, the Servicer shall nonetheless make payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies any required Delinquency Interest Advance with respect to home equity mortgage loans; PROVIDEDthe payments so extended to the same extent as if such installment were due, FURTHERowing and Delinquent and had not been deferred, that notwithstanding such arrangement such Mortgage Loans will in accordance with Section 8.09 hereof, and shall be included entitled to reimbursement therefor in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine that any such waiver or extension will not adversely affect the lien of the related Mortgageaccordance with Section 8.09 hereof. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, Certificateholders (taking into account any estimated Realized Loss that might result absent such action); PROVIDED, HOWEVER, that the Servicer may not modify materially or permit any Subservicer Sub-Servicer to modify any Mortgage Loan (Loan, including without limitation any modification that would change the Mortgage Coupon Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan or except in connection with prepayments to the extent that such reamortization is not inconsistent with the terms of the Mortgage Loan) ), or extend the final maturity date of such Mortgage Loan) , unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable. The Servicer shall have the right to accept applications of Mortgagors for consent to (i) partial releases of Mortgages, (ii) alterations and (iii) removal, demolition or division of properties subject to Mortgages. No application for approval shall be considered by the Servicer unless: (a) the provisions of the related Note and Mortgage have been complied with and are not otherwise amended; (b) the Loan-to-Value Ratio after any release does not exceed the Loan-to- Value Ratio of such Mortgage Loan as of the date of origination thereof; (c) the lien priority of the related Mortgage is not affected and (d) such release, alteration, removal, demolition or division does not constitute a significant modification of the related Mortgage Loan within the meaning of Treas. Reg. Section 1.860G-2.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Collection of Certain Mortgage Loan Payments. (a) The Each Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the related Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the a Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine Note related to a Mortgage Loan for a period of not greater than 180 days; provided that any such waiver or extension will pursuant to this clause shall not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term amortization schedule of any Mortgage Loan or consent to the postponement for purposes of strict compliance with any such term or in computation hereunder and provided, further, that any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence granted to a Mortgagor by a Servicer in connection with its servicing of the related First Mortgage Loan shall not be considered relevant to a determination of whether such Servicer has acted consistently with the terms and standards of this Agreement, so long as in the related Servicer’s determination such action is not materially adverse to the interests of the Securityholders or Certificateholders and the Credit EnhancerCertificate Insurer. Notwithstanding the foregoing, PROVIDED, HOWEVER, in the event that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the related Servicer, such default is reasonably foreseeable, the related Servicer, consistent with Accepted Servicing Practices may waive, modify or vary any term of such Mortgage Loan subject to certain limitations, including, but not limited to, the following: any amounts added to the principal balance of the Mortgage Loan, or capitalized amounts added to the Mortgage Loan, will be required to be fully amortized over the remaining term, or the extended term, of the Mortgage Loan; all capitalizations are to be implemented in accordance with such Servicer’s standards and may be implemented only by such Servicer for that purpose; the final maturity of any Mortgage Loan will not be extended beyond the Assumed Final Distribution Date; and no servicing modification with respect to a Mortgage Loan will have the effect of reducing the Mortgage Rate below one-half of the Mortgage Rate as in effect on the Cut-off Date or the Servicing Fee Rate, whichever is greater. The related Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl2)

Collection of Certain Mortgage Loan Payments. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and generally consistent with the Xxxxxx Xxx Guides, follow such collection procedures as shall be normal and usual in its general mortgage servicing activitiesactivities and consistent with the procedures the Master Servicer employs in servicing all other Mortgage Loans in the servicing portfolio with characteristics similar to those of the Mortgage Loans. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such a Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided, that such arrangement is consistent with the Master Servicer's ’s policies with respect to home equity mortgage loans; PROVIDED, FURTHERand provided further, that notwithstanding such arrangement arrangement, such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Master Servicer may also extend the Due Date for payment due on a Mortgage LoanLoan in accordance with the Xxxxxx Mae Guides; provided, PROVIDED, HOWEVERhowever, that the Master Servicer shall first determine that any such waiver or extension will not impair the coverage of any related insurance policy or materially adversely affect the lien Lien of the related MortgageMortgage or the interests of the Securityholders or the Enhancer, and the Master Servicer shall not grant any such waiver or extension that would have any such effect. Consistent with the terms of this Servicing Agreement, the Master Servicer may also waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable.also:

Appears in 1 contract

Samples: Master Servicing Agreement (BellaVista Finance CORP)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the related Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine Note related to a Mortgage Loan for a period of not greater than 180 days; provided that any such waiver or extension will pursuant to this clause shall not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term amortization schedule of any Mortgage Loan or consent to for purposes of any computation hereunder. Notwithstanding the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if foregoing, in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, event that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable., and if determined by the Servicer that such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Certificateholders, the Servicer, consistent with Accepted Servicing Practices may waive, modify or vary any term of such Mortgage Loan subject to certain limitations, including, but not limited to, the following: any amounts added to the principal balance of the Mortgage Loan, or capitalized amounts added to the Mortgage Loan, will be required to be fully amortized over the remaining term, or the extended term, of the Mortgage Loan; all capitalizations are to be implemented in accordance with the Servicer’s standards and may be implemented only by the Servicer for that purpose; the final maturity of any Mortgage Loan will not be extended beyond the Assumed Final Distribution Date; and no servicing modification with respect to a Mortgage Loan will have the effect of reducing the Mortgage Rate below one-half of the Mortgage Rate as in effect on the Cut-off Date or the Servicing Fee Rate, whichever is greater. The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. 111

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Asap2)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Servicing AgreementAgreement and generally consistent with the Program Guide, follow such collection procedures as shall be normal and usual in its general mortgage servicing activities. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment charge, penalty interest or other fees which may be collected in the ordinary course of servicing such a Mortgage Loan and (ii) arrange with a Mortgagor a schedule for the payment of principal and interest due and unpaid; PROVIDED provided, that such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHERand provided further, that notwithstanding such arrangement arrangement, such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment due on a Mortgage LoanLoan in accordance with the Program Guide; provided, PROVIDED, HOWEVERhowever, that the Servicer shall first determine that any such waiver or extension will not impair the coverage of any related insurance policy or materially adversely affect the lien Lien of the related MortgageMortgage or the interests of the Securityholders or the Enhancer. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term of any Mortgage Loan (including reduce the Credit Limit with respect to any HELOC) or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer; provided, PROVIDED, HOWEVERhowever, that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Loan Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable. In addition, if a HELOC is in default or, in the judgment of the Servicer, such default is reasonably foreseeable, the Servicer may, through modification, convert such HELOC to a fully amortizing HEL. Notwithstanding the foregoing, with respect to any HELOC, the Servicer (i) in its sole discretion may permit the related Mortgagor (or may enter into a modification agreement that will allow such Mortgagor) to make monthly payments, with respect to any Billing Cycle during the related Draw Period, in a minimum amount that will be equal to the related finance charge for such Billing Cycle and (ii) may reduce the amount of the Credit Limit (to an amount no less than the then-current Principal Balance of such HELOC) in connection with any refinancing of a senior Lien pursuant to the second paragraph of Section 3.01(a) of this Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)

Collection of Certain Mortgage Loan Payments. (a) The Servicer shall make reasonable efforts to collect all payments called for under the terms and provisions of the Mortgage Loans, and shall, to the extent such procedures shall be consistent with this Agreement and Accepted Servicing AgreementPractices, follow such collection procedures as shall be normal it would follow with respect to mortgage loans comparable to the Mortgage Loans and usual in held for its general mortgage servicing activitiesown account. Consistent with the foregoing, and without limiting the generality of the foregoing, the Servicer may in its discretion (i) waive any late payment chargecharge or, if applicable, penalty interest or other fees which may be collected in the ordinary course of servicing such Mortgage Loan and (ii) arrange with a Mortgagor a schedule extend the due dates for the payment of principal and interest due and unpaid; PROVIDED such arrangement is consistent with the Servicer's policies with respect to home equity mortgage loans; PROVIDED, FURTHER, that notwithstanding such arrangement such Mortgage Loans will be included in the information regarding delinquent Mortgage Loans set forth in the Servicing Certificate. The Servicer may also extend the Due Date for payment Monthly Payments due on a Mortgage Loan, PROVIDED, HOWEVER, that the Servicer shall first determine Note related to a Mortgage Loan for a period of not greater than 180 days; provided that any such waiver or extension will pursuant to this clause shall not adversely affect the lien of the related Mortgage. Consistent with the terms of this Servicing Agreement, the Servicer may also waive, modify or vary any term amortization schedule of any Mortgage Loan or consent to for purposes of any computation hereunder. Notwithstanding the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor if foregoing, in the Servicer's determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Securityholders or the Credit Enhancer, PROVIDED, HOWEVER, event that the Servicer may not modify or permit any Subservicer to modify any Mortgage Loan (including without limitation any modification that would change the Mortgage Rate, forgive the payment of any principal or interest (unless in connection with the liquidation of the related Mortgage Loan) or extend the final maturity date of such Mortgage Loan) unless such Mortgage Loan is in default or, in the judgment of the Servicer, such default is reasonably foreseeable., the Servicer, consistent with Accepted Servicing Practices may waive, modify or vary any term of such Mortgage Loan (including, but not limited to, modifications that change the Mortgage Rate, forgive the payment of principal or interest or extend the final maturity date of such Mortgage Loan), accept payment from the related Mortgagor of an amount less than the Stated Principal Balance in final satisfaction of such Mortgage Loan, or consent to the postponement of strict compliance with any such term or otherwise grant indulgence to any Mortgagor if in the Servicer’s determination such waiver, modification, postponement or indulgence is not materially adverse to the interests of the Certificateholders (taking into account any estimated Realized Loss that might result absent such action). The Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law. 104

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Fm2)

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