Common use of Servicer Clause in Contracts

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 32 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

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Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 17 contracts

Samples: Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/special servicer/trustee (the "SERVICER") selected by Lender (collectively, the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the such Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender Without limitation of any other provision contained herein, Borrower shall be responsible liable for the costs and expenses of Lender incurred with respect to any set-up fees or any other costs relating Servicer to or arising under the Servicing Agreementextent provided in Section 17.6 hereof.

Appears in 12 contracts

Samples: Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/special servicer/trustee (the "SERVICER") selected by Lender (collectively, the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the such Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 9 contracts

Samples: Loan Agreement (Istar Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Safety, Income & Growth, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender ; provided, however, Borrower shall not be responsible for obligated to pay any set-up monthly servicing fees or any other costs relating to or arising under the Servicing Agreementsuch Servicer.

Appears in 6 contracts

Samples: Loan Agreement (Gaia, Inc), Loan Agreement, Loan Agreement (Condor Hospitality Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents Security Instrument to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 6 contracts

Samples: Ashford Hospitality Trust Inc, Mortgage, Security Agreement (Ashford Hospitality Trust Inc), Ashford Hospitality Prime, Inc.

Servicer. (a) At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating payment of the monthly servicing fee due to or arising the Servicer under the Servicing Agreement.

Appears in 6 contracts

Samples: Mezzanine E Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine D Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 5 contracts

Samples: Loan Agreement (American Realty Capital Trust III, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement or for the payment of the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 4 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement, provided, however, that Lender shall be responsible for payment of the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 4 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Servicer. At the option of Lender, but at no cost to Borrower, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreementsuch servicer/trustee.

Appears in 4 contracts

Samples: Letter Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTAgreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for (i) any set-up fees or any other initial costs relating to or arising under the Servicing Agreement, and (ii) the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Until Lender may elect otherwise, the Servicer shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing AgreementBank of America.

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (RFS Hotel Investors Inc), Loan Agreement (RFS Hotel Investors Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicerServicer/trustee Trustee (the "SERVICERServicer") selected by Lender and Lender. Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement or for payment of the monthly servicing fee due to Servicer under the Servicing Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Equity Inns Inc), Loan Agreement (Equity Inns Inc), Loan Agreement (Equity Inns Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrowers shall not be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement or for the payment of the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 3 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Reckson Associates Realty Corp)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender Borrower shall not be responsible for (i) any set-up fees or any other initial costs relating to or arising under the Servicing Agreement, and (ii) the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender ; provided that Borrower shall not be responsible for paying Servicer any set-up servicing fees or any other costs relating due to or arising Servicer under the Servicing such servicing agreement (except as otherwise expressly provided in this Agreement, including, without limitation, Section 17.6 hereof).

Appears in 3 contracts

Samples: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrowers shall not be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement.Agreement or for the payment of the monthly servicing fee due to the Servicer under the Servicing Agreement 101

Appears in 2 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement Security Instrument and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust), Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreementsuch servicer/trustee.

Appears in 2 contracts

Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender Lender, and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other costs relating regular monthly servicing fee due to or arising the Servicer under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Piedmont Office Realty Trust, Inc.), Management Agreement (Piedmont Office Realty Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other initial or ongoing costs relating to or arising under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Highland Hospitality Corp), Loan Agreement (Highland Hospitality Corp)

Servicer. At the option of Lender, the Loan may be serviced (at Lender's cost and expense) by a servicer/trustee servicer (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Reckson Associates Realty Corp)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender Lender, and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/special servicer/trustee (the "SERVICER") selected by Lender (collectively, the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the such Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender In no event shall Borrower be responsible for any set-up routine and/or recurring fees or any other costs relating due to or arising under a master servicer in connection with the Servicing Agreementday to day servicing of the Loan.

Appears in 2 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement or for the payment of the regular monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Servicer. At the option of LenderLender and at no expense to Borrower, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender ; provided, however, Borrowers shall not be responsible for obligated to pay any set-up monthly servicing fees or any other costs relating to or arising under the Servicing Agreementsuch Servicer.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER"“Servicer”) selected by Lender in its sole and absolute discretion and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Pool 1 Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and the Servicer. Lender Borrowers shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement; including the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICERServicer") selected by Lender in its sole and absolute discretion and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and the Servicer. Lender Borrowers shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Reckson Operating Partnership Lp)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER"“Servicer”) selected by Lender in its sole and absolute discretion and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the 115 Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and the Servicer. Lender Borrowers shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicerservices/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Servicer. At the option and sole expense of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Eldorado Resorts, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer and one or more special services (collectively, the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a one or more servicing agreement agreements (collectively, the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.Section 9.7

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Inc)

Servicer. 110 . At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any the payment of set-up fees, monthly servicing fees or any other initial costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Servicer. At the option of Lender, the Loan may be serviced at no cost to Borrower by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement and for payment of the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ramco Gershenson Properties Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and or Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Agreement (Felcor Lodging Trust Inc)

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Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender Borrower shall not be responsible for any set-up payment of the fees or any other costs relating due to or arising the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing AgreementAgreement and the monthly servicing fee due to the Servicer under the Servicing Agreement will be paid from the interest paid by Borrower under the Loan.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement Security Instrument and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement and for payment of the regular monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER"“Servicer”) selected by Lender in its sole and absolute discretion and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and the Servicer. Lender Borrowers shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under the Note, this Agreement Security Instrument and the other Loan Other Security Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: And Consolidated Mortgage and Security Agreement (Alexanders Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.and

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Servicer. (a) At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender ; provided, however, Borrower shall not be responsible for obligated to pay any set-up monthly servicing fees or any other costs relating to or arising under the Servicing Agreementsuch Servicer.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender Borrower shall be responsible for the payment of (a) any set-up fees or any other initial costs relating to or arising under the Servicing Agreement and (b) the monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Capstar Hotel Co)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER"“Servicer”) selected by Lender in its sole and absolute discretion and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and the Servicer. Lender Borrowers shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement.. Pool 1

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement Confidential Treatment Requested by BANA XXXX-Xxxx-00168 and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreementsuch servicer/trustee.

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and Servicer. Lender shall be responsible for any set-up all fees or any other and costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Skilled Healthcare Group Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Borrower may rely upon the written instructions, approvals, acceptances, waivers and decisions given to Borrower by Servicer as if made by Lender shall be responsible for any set-up fees or any other costs relating and Lender agrees to or arising under the Servicing Agreementbound thereby.

Appears in 1 contract

Samples: Loan Agreement (GMH Communities Trust)

Servicer. (a) At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating payment of the monthly Servicing Fee due to or arising the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Loan Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee servicer (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (United Realty Trust Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender ; provided, however, Borrower shall not be responsible for obligated to pay any set-up monthly servicing fees to such Servicer or any fees or any other costs relating expenses required to or arising under the Servicing Agreementbe borne by, and not reimbursable to, Servicer.

Appears in 1 contract

Samples: Loan Agreement (Priam Properties Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender Borrower shall not be responsible for any set-up fees or any other costs whatsoever relating to or arising under the Servicing Agreement, including, without limitation, any monthly servicing fee due to the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (BlueLinx Holdings Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER") selected by Lender (the “Servicer”) and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer such servicer/trustee pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender ; provided, however, Borrowers shall not be responsible for obligated to pay any set-initial set up fees or any monthly or other costs relating reoccurring master servicing fees to or arising under the Servicing Agreementsuch Servicer.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating payment of the monthly servicing fee due to or arising the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating payment of the monthly Servicing Fee due to or arising the Servicer under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICERServicer") selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any reasonable set-up fees or any other initial costs relating to or arising under the Servicing Agreement and for payment of the regular monthly servicing fee due to the Servicer under the Servicing Agreement.. X. MISCELLANEOUS Section 10.1

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Prime Group Realty Trust)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"Servicer') selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENTServicing Agreement") between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Management Agreement (Wyndham International Inc)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other initial costs relating to or arising under the Servicing Agreement (including the payment of the monthly servicing fee due to the Servicer under the Servicing Agreement).

Appears in 1 contract

Samples: Loan Agreement (Fairchild Corp)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/special servicer/trustee (the "SERVICER") selected by Lender (collectively, the "Servicer") and Lender may delegate all or any portion of its responsibilities under this Agreement and the other Loan Documents to the such Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT") between Lender and such Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cedar Realty Trust, Inc.)

Servicer. At the option of Lender, the Loan may be serviced by a servicer/trustee (the "SERVICER"“Servicer”) selected by Lender and Lender may delegate all or any portion of its responsibilities under this 127 Agreement and the other Loan Documents to the Servicer pursuant to a servicing agreement (the "SERVICING AGREEMENT"“Servicing Agreement”) between Lender and Servicer. Lender shall be responsible for any set-up fees or any other costs relating to or arising under the Servicing Agreement.

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

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